Michael J. Uhes, Ph.D., P.C., Profit Sharing Plan & Trust v. Blake

Opinion by

Judge DAVIDSON.

Plaintiffs, Michael J. Uhes, Ph.D., P.C., Profit Sharing Plan and Trust, and Michael J. Uhes, Trustee, appeal from the trial court’s judgment entered after a bench trial denying plaintiffs’ claim of easement by grant or necessity against property owned by Richard and Barbara Blake. We affirm in part, reverse in part, and remand with instructions.

Both plaintiffs and the Blakes claim certain real property in Jefferson County under and through deeds emanating from a common grantor, the Barth Foundation, Inc. In a prior probate action, the property owned by the foundation…