Gabler v. Fedoruk

I respectfully dissent from the opinion of the court. A district court sitting in equity has broad discretion to fashion an equitable remedy based on the particular facts of a given case. In this case, the district court granted the Gablers a prescriptive easement that would allow them to continue using the driveway that connects their home to the nearest public road. I would conclude that the district court did not abuse its broad discretion when it granted the Gablers that equitable remedy and declined to grant the broader equitable remedy of a boundary by practical location.

In describing…