Jacobs v. Service Merchandise Co., Inc.

Cureton, Judge:

Appellants commenced this action pursuant to the Uniform Declaratory Judgment Act seeking a declaration of the parties’ rights under a written easement agreement. Appellants asked the court to declare that the road easement granted in the agreement was intended to benefit only Respondent-Smith’s property to the exclusion of adjacent property known as the Snyder tract. Respondents deny the property is so restricted. They also assert the appellants have dedicated the easement to public use and are estopped to deny the Snyder Tract access to the road easement. From an order of the…