Smith v. Heissinger

In October 1999, plaintiff, Michael Smith, filed a two-count complaint against defendants, Matt Heissinger and Regina Gae Buie-Heissinger, requesting the trial court to declare the easement rights possessed by plaintiff in a 25-foot-wide right-of-way over defendants’ properties included the right to place underground utilities for the benefit of plaintiffs property. After an April 2000 bench trial, the trial court found plaintiff had an easement by necessity over defendants’ properties for utilities and issued a permanent injunction enjoining defendants from interfering with plaintiff’s…