Connie J. Ottihnger v. Patricia E. Stooksbury

Connie J. Ottinger ("Plaintiff") sued Patricia E. Stooksbury ("Defendant") seeking, among other things, to quiet title to a thirty foot easement. Defendant answered the complaint and filed a counter-claim asserting, in part, that her right to use the easement is exclusive and that Plaintiff has no right to use the easement. The case was tried without a jury and the Trial Court entered a final order holding, inter alia, that Defendant is permanently enjoined from interfering with Plaintiff's right to use the easement located on Plaintiff's property. Defendant appeals claiming that the Trial Court erred by considering parol evidence and by requiring Defendant to prove her case by clear evidence. Defendant also argues that the evidence preponderates against the Trial Court's finding that the original grantors did not intend to create an exclusive easement in favor of Defendant. We affirm.