Smedberg v. Toste
This case involves a dispute between neighbors over two contiguous easements that plaintiffs Kenneth Smedberg, Bonnie Smedberg (collectively the Smedbergs), Darin Smedberg, Teresa Rowan (collectively the Smedberg/Rowans), and cross-defendants Hugo Giusti and Ronald Giusti (collectively the Giustis) have over land owned by defendants Gerald and Robin Toste (collectively the Tostes).[1] The dispute came to a head after the Smedberg/Rowans planned to build a home on their property that would be accessed by a driveway they wanted to install on the easements. Gerald Toste initially acquiesced to the building of the driveway but then started interfering with construction. Litigation ensued. The result was: a preliminary injunction against the Tostes; a directed verdict against the Tostes as to their claim of adverse use of part of the Giustis easement; a jury verdict against the Tostes as to their claim of adverse possession of the remaining parts of the easements; a jury verdict against Gerald Toste for nuisance with an award of $65,000 in compensatory damages and $40,000 in punitive damages awarded to the Smedbergs; a permanent injunction against the Tostes; and a court finding of 12 counts of contempt against Gerald Toste for violating the injunction. Disagreeing with these contentions, Court affirm the judgment.
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