State Ex Rel. Baxter v. Egolf

OPINION

ALARID, Judge.

The motion for rehearing is denied, and the previous opinion, filed May 5, 1988, is hereby withdrawn and the following is substituted.

Appellants (Baxters) were plaintiffs in a suit for nuisance and trespass against defendants-appellees (Egolfs). The trial court found no nuisance and that, although trespass was proved, there was no proof of damages. The Baxters appeal, stating their issues as:

1. Whether the trial court erred in not finding a violation of a zoning ordinance, and

2. Whether the trial court erred in finding an easement across the Baxters’ land in favor of the…