BREDE v. KOOP

No. 04-0740.

706 N.W.2d 824 (2005)

Robert A. BREDE and Linda L. Brede, Appellants, v. Gary G. KOOP and Annabelle J. Koop, Appellees.

Supreme Court of Iowa.

December 16, 2005.


Attorney(s) appearing for the Case

Dale E. Goeke of Hagemann & Goeke, Waverly, for appellants.

Christopher C. Foy of Leslie, Collins & Foy, Waverly, for appellees.


TERNUS, Justice.

The appellants, Linda and Robert Brede, filed this action for trespass, injunctive relief, and a declaratory judgment against their neighbors, appellees Gary and Annabelle Koop. The Bredes claimed the Koops had no right to use a gravel driveway crossing the Bredes' property and leading to the Koops' residence. The Koops filed a counterclaim seeking a declaratory judgment that they had a prescriptive easement in the road. After a bench trial, the district...

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