Colby M. Reynaud v. John Koehler, et al.

Case Number
E2004-02999-COA-R3-CV

This case arises out of a dispute between adjacent landowners regarding whether an easement can be obstructed by a locked gate. The plaintiff placed a locked gate across the easement and asserts that it is necessary for the protection of her person and property. The defendants disagree and argue that the locked gate unreasonably interferes with ingress and egress to their property. The trial court found in favor of the plaintiff. We find that the plaintiff has failed to present sufficient evidence that her person or property is at risk and that she has unsuccessfully attempted alternate means of protecting same and, therefore, it is our determination that plaintiff has failed to prove that the locked gate is necessary. We further find that the locked gate unreasonably interferes with the defendants' use of the easement. Based upon these findings, we reverse the judgment of the trial court in part, affirm in part, and remand.

Authoring Judge
Judge Sharon G. Lee
Originating Judge
Chancellor Daryl R. Fansler
Case Name
Colby M. Reynaud v. John Koehler, et al.
Date Filed
Dissent or Concur
No
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