McCann v. R.W. Dunteman Co.

On October 9, 1990, plaintiffs Richard McCann (Richard), Lynn J. McCann (Lynn) arid McCann Construction Specialties, Inc. (McCann Construction), a company controlled by Richard, filed a complaint for injunction and other relief. Count I sought to enjoin defendant Crush Crete, Inc. (Crush Crete), from using the subject easement. Count II sought to enjoin R.W. Dunteman Company’s (Dunteman’s) use of the subject easement. Count III alleged that Du-Kane Asphalt Company (Du-Kane) has extended the use of the easement to accommodate persons, entities, and lands for which it was not created or…