Roberts v. Ross
Defendants Brandon and Allison Ross built a fence to surround their residential property, but placed it partially on an access easement that plaintiff Norman Roberts owns, and partially on a contiguous public right-of-way. The Rosses have no legal or equitable interest in Roberts's easement, yet they refused his request that they remove the encroachment. They now contend the trial court erred by granting him summary judgment on his action against them for quiet title, trespass, ejectment, nuisance and declaratory and injunctive relief. The Rosses challenge the court's ruling on all counts but the quiet title count, and challenge evidentiary rulings and an item in the cost award. Court affirm the judgment.
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