Cogdell v. 1999 O'Ravez Family, LLC

¶1 Today we hold the trial court abused its discretion by failing to do substantial justice when ordering an easement as an equitable remedy after finding respondents Ronald J. Cogdell and Catherine L. Cogdell encroached on land owned by appellant, the 1999 O’Ravez Family LLC. The easement permits the Cogdells’ considerable encroachments to remain on the O’Ravez property without offsetting relief for O’Ravez. The Cogdells argue the trial court correctly decided their earlier bankruptcy *387discharge prevents compensation, but considering the bankruptcy court lifted its automatic stay to allow a…