Neary v. Martin

OPINION OF THE COURT BY

KIDWELL, J.

Plaintiffs-Appellants and Defendants-Appellees own adjoining lots in Paia, Maui. Appellants claimed an easement of way over Appellees’ lots and sought an injunction against its obstruction. Appellees having counterclaimed, after a bench trial the circuit court found for Appellees on the issue of the easement’s existence, enjoined Appellant Neary from trespassing on Appellees’ lots and awarded damages to Appellees from Appellant Neary. We affirm as to the easement and the injunction, and reduce the award of damages to $1.00 and costs.

All of the real property…