Hwy. 7 Embers, Inc. v. Northwestern National Bank

SCOTT, Justice.

This is an appeal from a judgment denying declaratory and injunctive relief and damages to plaintiff, Hwy. 7 Embers, Inc. (Embers). The matter at issue is the extent of an easement of view over property owned by G. F. Lohman 1 and defendant Nella Lohman (Lohmans) and leased by defendant Newcomb Brothers Nursery, Inc. (Newcomb). Trial was to the court, which held that defendants’ interpretation of the easement was correct. Embers appeals from that decision.

The facts in this case are best understood by reference to the following diagram:

Initially, the Lohmans owned all of Tracts…