Cape Co. v. Wiebe

This is an action for an injunction to enjoin the defendant John A. Wiebe, Trustee, from interfering with an access road and utility lines serving plaintiff’s property. Interests of Kirkham-Michael, Inc., and Sears, Roebuck & Co. are also in issue. Judgment was generally against the defendant and in favor of plaintiff and other parties. We affirm the judgment of the District Court.

Kirkham-Michael, Inc., hereinafter referred to as K-M, was the owner of a tract of approximately 10 acres. A Sears, Roebuck & Co. store, hereinafter referred to as Sears, was constructed on a portion of this tract…