Anthony Rental v. Mark B. Sagers, Et Al.

This appeal arises out of a dispute concerning an express, ingress and egress easement across the defendant’s property. The principal issue is whether the plaintiff abandoned the easement by failing to maintain the easement in a condition permitting it to be used for access and/or by acquiescing in the acts of others that reduced the utility of the easement. Following a bench trial, the court determined the defendant failed to prove abandonment by clear and convincing evidence. Having determined that the evidence does not preponderate against the findings by the trial court, we affirm.