Fischer v. Walker

Plaintiff and defendant Derek Walker are owners of adjoining properties. Plaintiff brought an action against defendants — Derek Walker and his wife, Cassondra — for interference with an easement, alleging that defendants wrongfully impeded plaintiffs use of a dirt access road that runs through the Walker property. Defendants moved for summary judgment, and the trial court granted the motion, concluding that plaintiff did not have an express easement to use the dirt access road and that plaintiff had failed to plead a claim for an implied easement. Plaintiff appeals from the resulting…