Hutner v. Kellogg

STATON, Judge.

Robert Hutner appeals the trial court’s judgment against him in his action for permanent injunction. Hutner sought to prohibit Kellogg and the Orbaughs, dominant tenants with an express easement to the shores of Lake Wawasee, from placing and using a pier beyond the shoreline where the easement terminates. Hutner’s sole allegation of error is that the determination by the trial court was contrary to law.

Affirmed.

The evidence was presented to the trial court upon stipulated facts in lieu of trial testimony. Those facts indicate that in 1941, Edwin and Marcella Scheele conveyed…