Cooley v. Koetter Woodworking, Inc.

BAKER, Judge.

Defendant-appellants Lynn L. and Barbara S. Cooley needed a better access route to their Clark County property so in early November 1990 they hired a twenty-ton bulldozer to carve a half-mile swath directly across land owned by appellee-plaintiff Koetter Woodworking. To put it mildly, Koetter disapproved. It initiated suit against the Cooleys and eventually won a damage award totalling over $19,000.00. The Cooleys raise several issues for our consideration, the first of which is meritorious and dispenses with the need to address the others. We hold the trial court erroneously…