Neyland v. Schneider

McCLOUD, Chief Justice.

Chester Neyland sued Benjamin Schneider alleging that the maintenance and use of *286a private roadway on defendant’s property constitutes a nuisance. When plaintiff rested, the trial court in this nonjury trial, granted defendant’s motion for judgment. Plaintiff abandoned his claim for damages, but urges on appeal that the court erred in not granting his requested injunctive relief. Plaintiff seeks to enjoin the use of defendant’s road until approximately 1,000 feet of the roadway near plaintiff’s house is paved. We affirm.

Plaintiff and defendant are owners of adjacent…