Mathis v. Durham

Thompson, Justice.

This is an appeal from the grant of an interlocutory injunction requiring defendants Mathis and McLaughlin to remove a fence they erected on a 60-foot wide gravel right-of-way, known as Air Park Court, which divided McLaughlin’s property from that of plaintiff Durham.1 Finding no abuse of the trial court’s discretion, we affirm.

The parties all reside in Mathis Air Park, which was developed by Mathis and McLaughlin as a fly-in residential community. Durham, who claims easement rights to Air Park Court, used that right-of-way as an airplane taxiway since moving to Mathis Air…