Benninger v. Derifield

SCHROEDER, Chief Justice.

This case involves a claim for easement, nuisance, injunctive relief, and monetary damages by Joseph E. Benninger and Edith I. Benninger (the Benningers) against Thomas E. Derifield and Julie Freed (collectively, “Derifield”) for alleged interference and obstruction of a shared driveway easement. Derifield claims that the district court erred in determining that the Benningers have an express easement across the Derifield property and that Derifield’s interference with this claimed easement constituted a nuisance. On cross-appeal the Benningers maintain that the…