Cooper v. Polos

OPINION

SUSANO, Judge.

This suit seeks to enjoin the Defendant1 John C. Polos from erecting and maintaining a gate across the Plaintiffs’ right-of-way that traverses the Defendant’s property. After sustaining the Plaintiffs’ objection to testimony that a gate was necessary to keep trespassers from using the right-of-way, the trial court, sitting without a jury, permanently enjoined the Defendant “from interfering with the Plaintiffs’ use of the twenty (20) foot right-of-way ... and permanently enjoined [them from] maintaining any gate, locked or unlocked, or any other structure upon said…