Legal Opinion

Tidwell v. Bezner

Court of Civil Appeals of Oklahoma

Decided August 26, 2010No. 107,474. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4PublishedCited by 4 opinions

1Opinion of the Court

DOUG GABBARD II, Presiding Judge.

11 Defendants, Robert and Jean Besner (collectively, Besner), appeal the trial court's grant of a permanent mandatory injunction requiring them to remove a gate which restricted passage across a roadway easement granted to Plaintiff, Joe Tidwell. Because the trial court did not abuse its discretion, we affirm.

FACTS

T2 This appeal concerns a disagreement between neighbors in a rural part of Stephens County. The facts are essentially undisputed.

3 Tidwell lives on 20 acres directly north of Bezner's 25-acre tract. Tidwell accesses his home and property over a…

2Cases cited19 opinions

  1. Johnson v. WardSupreme Court of Oklahoma · 1975
  2. Mueggenborg v. WallingSupreme Court of Oklahoma · 1992
  3. Sharp v. 251st Street Landfill, Inc.Supreme Court of Oklahoma · 1996
  4. Lindhorst v. WrightCourt of Civil Appeals of Oklahoma · 1980
  5. Kahre v. KahreSupreme Court of Oklahoma · 1995

14 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Barrett v. HumphreyCourt of Civil Appeals of Oklahoma · 2012
  2. MANAR v. WESSONCourt of Civil Appeals of Oklahoma · 2016
  3. MANAR v. WESSONCourt of Civil Appeals of Oklahoma · 2016
  4. Melia v. HansenNebraska Court of Appeals · 2023

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