NELSON BY NELSON v. Dibble

POPOVICH, Judge:

This is an appeal from a final decree of the trial court which granted injunctive relief and declaratory judgment to appellees-plaintiffs, the Nelsons. 1 We must reverse and remand the matter for the reasons herein stated.

The record establishes the following set of facts:

In April, 1984, one of the appellees, Orrie L. Nelson, filed a complaint in equity seeking to enjoin a neighbor, appellant-defendant, John Dibble, from blocking appellees’ use of a certain adjoining roadway. The trial court discharged a Rule to Show Cause why the injunction should not be issued because Orrie…