Rupert v. Gunter

Petrich, A.C.J.

Stephen F. Rupert sought an injunction against the defendants, Daniel B. and Laurie D. Gunter, asking that they stop hindering his full use and enjoyment of his easement across their property. The court granted him injunctive relief; however, the plaintiff appeals that part of the judgment allowing the defendants to construct a gate at the entrance to plaintiff's easement, not allowing him any money damages, and ordering each side to pay its own costs. The primary issue is whether the owner of a servient estate subjected to an access easement is forever precluded from imposing…