Wilkerson v. Gateley

CRAHAN, Presiding Judge.

Mac and Darlene Wilkersons (“Plaintiffs”) filed suit against Mike and Ladine Gateley (“Defendants”) seeking damages for Defendants’ obstruction of Plaintiffs’ easement rights to water on Defendants’ land. Plaintiffs’ also sought an injunction prohibiting further interference. The trial court awarded $1,789.00 in compensatory damages, $1,000 for Plaintiffs’ attorneys’ fees and issued an injunction as requested. Defendants appeal. We hold that Plaintiffs were not entitled to an award of attorneys’ fees and affirm the judgment of the trial court as modified.

Plaintiffs and…