Jenkins v. Miller

DONNELL, District Judge.

[¶1] Appellants, John G. Jenkins and Carol Voigt Jenkins ("Jenkins"), challenge the district court's grant of summary judgment in favor of Appellees, Gerry and Marie Miller ("Millers"), and sug sponte dismissal of Jenking' counterclaim with respect to a private road easement. Millers had requested declaratory relief regarding an Hasement Deed unilaterally recorded by Jenkins, the terms of which Millers disputed. Jenkins counterclaimed for a declaration that the same Easement Deed was valid and, further, that the parties were bound by an historical oral agreement for…