Burnett v. Jayo

SWANSTROM, Judge.

Lamar and Christine Burnett filed this action against Paul Jayo and his sons, Steve and Paul V. (Jayos), seeking damages for trespass upon the Burnetts’ property and for battery upon Lamar Burnett. The Jayos counterclaimed, seeking to enjoin the Burnetts from interfering with easements claimed by the Jayos over the Burnett property. The trial of these issues was bifurcated. The district judge, without a jury, first tried the counterclaim issues, deciding that the Jayos did not have any easements over the Burnetts’ property. Before the judge filed his memorandum decision…