Long v. Sendelbach

Plaintiffs brought a declaratory judgment proceeding seeking a determination that they have unrestricted use and access across an existing roadway and bridge which lead from plaintiffs’ property to property owned by defendants. The court upheld plaintiffs’ right to use the roadway and bridge, but limited such use to agricultural purposes only. Plaintiffs appeal assigning this restriction as error. Defendants cross-appealed but subsequently elected to abandon their cross-appeal. Defendants filed no brief on appeal and waived appearance.

The essential facts may be summarized as follows:…