Kuhn v. Heerwagen

Plaintiffs sued for a declaratory judgment to nullify asserted easements on real property that plaintiffs had purchased in 1975; they also sought an injunction prohibiting use of the asserted easements by defendants. The trial court declared the easements valid and ordered defendants to conduct a survey to establish their exact boundaries. On appeal, plaintiffs assign five errors, which we discuss in two groups: (1) In assignments one, four and five, plaintiffs argue that the theory of implied easement was not pleaded by defendants, that the trial court’s final order failed to specify whether…