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MAINKA v. MITCHUSSON

No. 102,424.

135 P.3d 842 (2006)

2006 OK CIV APP 51

Danny and Judy MAINKA, husband and wife; and, Michael and Sheila Mainka, husband and wife, Plaintiff/Appellants, v. Gaylon L. MITCHUSSON and Beverly J. Mitchusson, husband and wife; Charles Y. Mitchusson, Sr. and Eva G. Mitchusson, Trustees of the Charles Y. Mitchusson, Sr. Revocable Trust dated August 5, 2004; Charles Y. Mitchusson, Sr. and Eva G. Mitchusson, Trustees of the Eva G. Mitchusson Revocable Trust dated August 5, 2004; Charles Y. Mitchusson, Jr. and Marcia J. Mitchusson; Ronald G. Mitchusson and Judith Mitchusson; Roy L. Sparks, as Trustee of the Roy L. Sparks Revocable Trust dated May 1, 1998 and Leda K. Sparks, as Trustee of the Leda K. Sparks Revocable Trust dated May 1, 1998, Defendant/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 1.

March 29, 2006.

Attorney(s) appearing for the Case

Jack Mattingly, Jr., The Mattingly Law Firm, P.C., Seminole, OK, for Plaintiff/Appellants.

Phil W. Gordon, Hays & Gordon, Chickasha, OK, for Defendant/Appellees.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

Opinion by CAROL M. HANSEN, Judge:

¶ 1 This action involves the trial court's denial of Appellants' quest for an easement over Appellees' property in order to access a public road. Appellants are the owners of two tracts of land in Grady County. They operate DM Dozers, a business that includes building highways and bridges. Appellants use several large semi-tractor...

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