CONTINENTAL ENTERPRISES, INC. v. CAIN

No. 3-376 A 55.

387 N.E.2d 86 (1979)

CONTINENTAL ENTERPRISES, INC., Plaintiff-Appellant, v. Mildred CAIN, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied May 14, 1979.


Attorney(s) appearing for the Case

Kenneth A. King, Kendallville, for plaintiff-appellant.

John C. Thrapp, Thrapp & Thrapp, Kendallville, James R. Heuer, Gates & Gates, Columbia City, for defendant-appellee.


GARRARD, Presiding Judge.

Appellant (Continental) is the owner of a peninsula which extends into Sylvan Lake. Both the lake and peninsula were formed around 1838 when the state dammed the Little Elkhart River. This appeal stems from Continental's second unsuccessful attempt to acquire an easement over the only unsubmerged land adjoining the peninsula. In its earlier action Continental had relied on the common law doctrine of easement by necessity, but because its...

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