Carlson v. Clark

¶ 1. Plaintiffs challenge the trial court’s denial of their request to unilaterally relocate a shoreline right-of-way held by defendants Lockwood and Claire Clark. According to plaintiffs, the Clarks hold an easement by necessity, rather than a prescriptive easement, and plaintiffs are entitled to move the Clarks’ easement to a location plaintiffs deem more convenient. The Clarks respond that their right to use the shoreline road was conclusively determined in prior litigation with plaintiffs’ predecessor-in-interest, and that plaintiffs are barred by the doctrine of res judicata from raising…