Woitchek v. Isenberg

This suit represents another chapter in the dispute between the Isenbergs and the Woitcheks, respectively the owners of the servient and dominant estates created by an easement.

In 1957 the Isenbergs filed their complaint, alleging that the Woitcheks had violated the terms of an easement across the Isenbergs’ land. They sought an injunction terminating the easement. Trial was had, and at the conclusion of the evidence, the court refused to terminate the easement, but did enjoin the Woitcheks from leaving the gates open, driving at excessive speeds over the easement, and causing excessive…