Gildow v. Smith

Plaintiff brought this action for injunctive relief, seeking to require defendants, who hold an easement for use of a gravel road over plaintiffs property, to maintain the road and to refrain from traveling outside of the established easement. He appeals from a judgment for defendants after the trial court’s order of involuntary dismissal. We conclude that the trial court erred in dismissing the claim and reverse and remand.

Defendants own a four-acre parcel that has no access from a public road. The gravel road that is the subject of this dispute runs from a county road along the southwest…