Argosy Trust Ex Rel. Its Trustee v. Wininger

EISMANN, Justice.

This is an appeal by the owner of the dominant estate from a judgment limiting its road easement to a width of ten feet and denying its claim for timber trespass. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

The defendants-respondents Edward and Vicki Wininger own a rectangular parcel of property with the long sides running in a north-south direction. The plaintiff-appellant Argosy Trust owns two parcels of real property abutting the Winingers’ property. What has been called “Parcel A” abuts the northern portion of the eastern boundary of the…