Tittiger v. Johnson

Plaintiffs appeal as of right from a trial court’s award of damages in their favor.

On June 21, 1977, plaintiffs, owners of the dominant estate, instituted this action against defendant, owner of the servient estate. The complaint sought damages for intentional destruction and interference with their easement, treble damages pursuant to MCL 600.2919; MSA 27A.2919, and recovery for emotional distress. A permanent injunction restricting future interference was also sought. Defendant counterclaimed alleging that plaintiffs had overburdened the easement by using it for commercial purposes.

The…