Aylett v. Mardis

Defendants 1 appeal from an injunction that denied them use of a statutory way of necessity across plaintiffs’ property to reach their residences; they also assert that it was error to deny their counterclaim seeking reformation of a judgment entered in a separate proceeding. Plaintiffs sought the injunction after defendants’ predecessor, Braat, who had obtained the way of necessity to reach his landlocked 49.81-acre parcel, subdivided that parcel and sold 5-acre lots to defendants. Plaintiffs contended that the use of the way to reach the lots impermissibly expanded the use contemplated when…