Sawyers v. Beller

Opinion of the Court by

Justice SCHRODER. '

This Court granted discretionary review of part of a Court of Appeals’ opinion which affirmed a judgment of the Allen Circuit Court restricting the Appellants’ rights to the use and maintenance of a road or access easement across the Appel-lees’ property (known as the Fishback Roadway or Fishback Passway). Because the Appellants had an express easement to the access road, without any reservations or restrictions as to their use of the road, the circuit court’s order restricting the use and maintenance of the road was improper, and we reverse that part…