Gibbons v. Martin

OPINION

On June 18, 1972, appellant filed suit seeking to enjoin the respondents from interfering with an alleged prescriptive easement upon a “turnaround” located on the respondents’ property *270which facilitated egress from the garage area on appellant’s property.

The pleadings, motions and decision of the trial court all deal exclusively with the issue of easement by prescription. Now, for the first time on this appeal, appellant asserts theories of an easement by necessity, an easement by estoppel and an irrevocable license coupled with an interest.

Points not urged in the trial court will not…