Povolny v. Totzke

HOOVER, PJ.

¶ 1. James and Deborah Povolny appeal a judgment that held the town road, over which their easement by necessity crosses, had been abandoned. As a result of the judgment, the road is discontinued and therefore governed by the easement, which is limited to personal and agricultural uses. The Povol-nys contend that the road has been continuously used. Thus, it has not been entirely abandoned and cannot be deemed discontinued. We disagree and affirm the judgment.

Background

¶ 2. The Povolnys own a landlocked parcel that abuts James and Dawn Totzkes 1 land. The Povolnys purchased their…