Weaver v. Cummins

In April 1999, plaintiffs, David and Marie Weaver, filed a single-count complaint against defendants, Robert and Nancy Cummins, seeking the enforcement of easement rights arising from a November 1995 grant of easement. After the trial court granted defendants’ motion to dismiss the original count, plaintiffs filed an amended complaint seeking an easement by necessity over defendants’ property. After holding an August 2000 evidentiary hearing, the trial court found plaintiffs were entitled to an easement by necessity over defendants’ property. In October 2000, the trial court denied…