Eileen B. White & Associates, Inc. v. Gunnells

Carley, Justice.

The instant action concerns an asphalt road on property which belongs to appellant-plaintiffs. Although this road had been established, maintained and kept open entirely by appellants, appellee-defendants had also been using it for more than seven years as an alternate means of access to and egress from their adjoining property. Appellants were on notice that appellees were also using the road, but express permission for such use had never been sought or given. When appellants brought suit, seeking to enjoin appellees’ continued use of the road, appellees counterclaimed,…