Legal Opinion

Schwob v. Green

Supreme Court of Iowa

Decided February 20, 1974No. 2-56089PublishedCited by 15 opinions

1Opinion of the Court

LeGRAND, Justice.

This declaratory judgment suit was brought in equity to resolve a dispute over easement rights asserted by defendant to private roads in a subdivision in Louisa County. Plaintiffs brought the action to prohibit the use of the roads by defendant and his lessees to reach other real estate lying to the south and west of the subdivision. Defendant claims an easement by implication or necessity. The trial court found defendant had an easement but limited its terms to exclude the use to which it was being put. Defendant appeals, and we affirm.

It should be noted at the outset…

2Cases cited9 opinions

  1. Farmers & Mechanics Sav. Bank of Mpls. v. CampbellSupreme Court of Iowa · 1966
  2. Kannellos v. Great Northern Railway Co.Supreme Court of Minnesota · 1923
  3. Kane v. TemplinSupreme Court of Iowa · 1912
  4. LaPlant v. SchumanSupreme Court of Iowa · 1923
  5. Bray v. HardySupreme Court of Iowa · 1957

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3Cited by15 opinions

  1. Nichols v. City of EvansdaleSupreme Court of Iowa · 2004
  2. Tamm, Inc. v. PildisSupreme Court of Iowa · 1976
  3. Brede v. KoopSupreme Court of Iowa · 2005
  4. Stew-Mc Development, Inc. v. FischerSupreme Court of Iowa · 2009
  5. Bowers v. AndrewsSupreme Judicial Court of Maine · 1989

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