Boydstun Beach Ass'n v. Allen

SWANSTROM, Judge.

This is a dispute between persons claiming rights to an easement located on the shore of Big Payette Lake and the owners of the servient estate. The easement provides access to the lake, along with boating, bathing and parking privileges. The easement users sued to force the landowner to remove obstructions on the easement. The owner built a house close to the easement area, and a landscaped lawn on the easement. The district judge ruled that the improvements could remain and issued extensive regulations governing the use of the easement. From this decision the easement…