Philip Hyer v. Juanita Miller

After flooding washed away a bridge and part of a driveway which a homeowner used to
access his house, he made repairs. The repaired route was also used on rare occasions by
an easement holder who had a right to access a family cemetery. The homeowner brought
suit against the easement holder, seeking equitable reimbursement for the costs of repairs.
The trial court ruled against the homeowner, concluding the equities of this case did not
warrant requiring the easement holder to contribute to the costs of repair. The homeowner
appealed. We conclude that the trial court did not abuse its discretion; accordingly, we
affirm the trial court’s ruling.