Thorne v. Comer

The appellants Leland and Betty Maxine Thorne appeal a circuit court order finding that the appellants had a fourteen-foot-wide right-of-way, rather than a thirty-foot-wide right-of-way across the appellees Richard and Terry Comer’s property. We find that the circuit court erred in limiting the Thornes to a fourteen-foot-wide right-of-way and reverse the order, in part.

I

The appellants Leland and Betty Maxine Thorne (“the Thornes”) own approximately fifty acres of land nestled in a valley in Grant County. Lysle and Phyllis Sites (“the Sites”)1 owned a large plot of land in the same valley.…