Donathan v. Wageman

OPINION

HANSEN, Judge:

¶ 1 Plaintiff, Jerry Donathan, filed this action in the trial court seeking -a mandatory injunction to require Defendants to remove certain fences they had constructed on their property that crossed a section line dividing sections 11 and 14 from sections 12 and 13. He claimed by constructing these fences, Defendants had prevented him from using the section line to access his property from the north. He did not seek public access. Defendants answered, claiming the section line has never been opened as a public highway and is in fact almost impassable. They further point…