GRAY v. OSBORN

No. 05-1850.

739 N.W.2d 855 (2007)

Stephen GRAY and Shelly Gray, Husband and Wife, Appellants v. James R. OSBORN, III, Appellee, Tamra Randall, Intervenor-Appellee. Tamra Randall, Appellee v. Stephen Gray and Shelly Gray, Appellants, Joan K. Peck and Marjorie A. Thirkettle, Intervenors-Appellees.

Supreme Court of Iowa.

October 5, 2007.


Attorney(s) appearing for the Case

Gregory J. Epping of Terpstra, Epping & Willett, Cedar Rapids, for appellants.

Mark E. Mossman of Mossman & Mossman, L.L.P., Vinton, for appellees Osborn and Randall.

Vernon P. Squires of Bradley & Riley, P.C., Cedar Rapids, for intervenors-appellees Peck and Thirkettle.


APPEL, Justice.

In this case, we consider whether landowners have an easement across the property of an adjoining landowner or whether they committed trespass when they attempted to exercise rights pursuant to the claimed easement. The district court found that an express easement existed and dismissed claims for trespass and injunctive relief. The court of appeals reversed, and we granted further review. For the reasons expressed below, the decision of the court...

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