Heritage Shelter Care Home, Inc. v. Miller

Plaintiff, The Heritage Shelter Care Home, sought an injunction against defendants, Robert and Marylou Miller, claiming that an easement by prescription or a public way existed over a driveway located on the defendants’ property. The court temporarily restrained defendants from interfering with plaintiff’s asserted right to the use of the driveway in question. Defendants answered and counterclaimed for damages for trespass. They later waived issues raised in the counterclaim. Following a hearing on the merits on August 9, 1974, the trial court entered a final order on September 30, 1974,…