Matter of Luloff

CARTER, Justice.

Plaintiff, Nancy L. Lichty, appeals from the district court’s denial of injunctive relief in an action challenging appellee Norm Lu-loff s right to condemn an access route across lands owned by Nancy and her husband, Charles. After reviewing the record and considering the arguments of the parties, we affirm the district court’s decree on condition. We remand the case to that court for further proceedings designed to conform its decree to the conditions that we impose.

Norm Luloff owns five acres of timberland south of the Lichtys’ farm. He alleges this property is without…