Stapler v. Hicks

ADAMS, Justice.

The plaintiffs appealed from an order dissolving a temporary restraining order and from the trial court’s refusal to grant a permanent injunction enjoining the defendant, Rosemary A. Hicks, from opening a strip of property by clearing the timber from it. That strip of property runs between the lands of the two sets of plaintiffs and leads to the defendant’s land; it is presently not used as a road, but is part of and at the end of a strip of land designated in the parties’ deeds as a road. We affirm.

If this portion is cleared, the westernmost 50 feet of the land designated in…