Duke v. Pine Crest Homes, Inc.

Defendant, Frank M. Duke appeals from a judgment for plaintiff, Pine Crest Homes, Inc., in a declaratory judgment action, holding, inter alia, that defendant's easement does not prohibit plaintiff's reasonable, nonconflicting use of the property over which the easement passes and that both plaintiff and defendant or their respective successors in interest may use the property over which the easement passes in a manner which would not block passage by the other. We affirm.

Some twenty years ago, defendant built his house and constructed his driveway. At the time, he and his first wife owned…