MURPHY v. BURCH

No. A117051.

68 Cal.Rptr.3d 200 (2007)

156 Cal.App.4th 1434

Cheryl MURPHY, Plaintiff and Respondent, v. Roger BURCH, et al., Defendants and Appellants.

Court of Appeal of California, First District, Division Two.

November 19, 2007.


Attorney(s) appearing for the Case

Petersen Law Offices, Thomas E. Owen, Robert C. Petersen, Fort Bragg, for Appellants.

Carter, Vannucci & Momsen, LLP, Jared G. Carter, for Respondent.


HAERLE, Acting P.J.

I. Introduction

Appellants Roger and Michele Burch appeal from a judgment of the Mendocino County Superior Court which held, on facts stipulated by the parties, that an easement by necessity existed across property owned by them in favor of plaintiff and respondent Cheryl Murphy (as trustee of the "Murphy Children Education Trust"), the owner of neighboring property which lacks access to a public road. We disagree and hence reverse.<...

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