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CORBETT v. WHITNEY

No. 5155.

603 P.2d 1291 (1979)

Margaret CORBETT, Appellant (Defendant below), v. Charles WHITNEY, Appellee (Plaintiff below).

Supreme Court of Wyoming.

December 13, 1979.

Attorney(s) appearing for the Case

Walter Scott, Laramie, and Patricia Monahan, senior law student, for appellant.

Craig E. Kirkwood, Laramie, for appellee.

Before RAPER, C.J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.

ROSE, Justice.

This tale of neighborly discord involves the issue of whether the defendant-appellant may fence off her half of a common driveway leading into a common double garage. We will affirm the order of the district court that the defendant remove her fence. We will hold that an implied easement exists entitling the plaintiff to use the original driveway.

THE FACTS

The controversy reaches fruition...

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