Miller v. Jones

Plaintiffs Allen and Kathy Worth and defendant Jones are owners of adjacent properties.1 Plaintiffs brought an action for declaratory relief against defendant, seeking (1) a declaration that a 1999 agreement between plaintiffs’ predecessors-in-interest (the Hopkinses) and defendant’s predecessors-in-interest (the Busbys) created an appurtenant easement granting plaintiffs the right to use, service, and maintain an irrigation pipeline running through defendant’s property or, alternatively, (2) a declaration that plaintiffs have an implied easement to the same effect. The trial court concluded…