Lyman v. Plymouth Empire Properties
This case stands for the simple proposition that it is not an abuse of discretion to deny an equitable easement to landowners who purchased landlocked property knowing they did not have legal access to the land and who had been told they needed to secure an easement before purchasing the property. We reject plaintiffs Josh and Julie Lyman’s distortion of the standard of review as well as their misreading of the leading authority on equitable easements and affirm the judgment, rejecting their attempt to quiet title to an easement over property owned by defendants Plymouth Empire Properties, Inc. (PEP), and the Ione Band of Miwok Indians (the Tribe). However, we must reverse the judgment insofar as it awards $100 in damages to PEP for trespass because we conclude there is insufficient evidence to support the finding.
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