Pence v. Darst

Fain, Judge.

Defendant-appellant William Darst appeals from a decision of the trial court denying his request for injunctive relief. Darst sought a court order that would have required plaintiff-appellee William C. Pence to remove an obstruction that he had placed across a portion of a driveway in which Darst claimed an easement right. Darst argues that the trial court, in making its decision on the issue of injunctive relief, improperly required him to prove that his use of the property was without the permission of the fee simple owner of the burdened property. We agree with Darst that the…