Van Taylor v. Ivie
Thris Van Taylor and Rickey and Eloise Ivie are next door neighbors. A property dispute has spawned contentious litigation between them. Both sides appeal a judgment after a jury trial challenging the disposition of several counts in various pleadings in these consolidated actions. We conclude that (1) the granting of summary judgment against the Ivies’ cross-complaint for an equitable easement and a prescriptive easement was error; (2) Van Taylor has not established a right to quiet title; (3) the dismissal of Van Taylor’s assault count was error; (4) the jury instructions on trespass and nuisance were prejudicially erroneous; and (5) Van Taylor failed to establish a basis for a permanent injunction. We therefore will reverse the judgment with directions.
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