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MCNAUGHTON v. CHARTIER

No. 19-1681.

977 N.W.2d 1 (2022)

Willard B. MCNAUGHTON, Appellant, v. Stanley E. CHARTIER, Jeanine K. Chartier, Char-Mac, Inc., City of Lawton, and AbiliT Holdings, LLC, Appellees. Stanley E. Chartier, Jeanine K. Chartier, and Char-Mac, Inc., Counterclaim Plaintiffs, v. City of Lawton, Defendants to Counterclaim.

Supreme Court of Iowa.

Filed June 24, 2022.

Attorney(s) appearing for the Case

Angie J. Schneiderman and Coyreen R. Weidner of Moore, Corbett, Heffernan, Moeller & Meis, L.L.P., Sioux City, for appellant.

Chad C. Thompson of Thompson, Phipps & Thompson LLP, Kingsley, for appellees Stanley E. Chartier, Jeanine K. Chartier, and Char-Mac, Inc.

Kevin H. Collins and Sarah J. Gayer of Nyemaster Goode, PC, Cedar Rapids, for appellee AbiliT Holdings, LLC.

Douglas L. Phillips of Klass Law Firm, L.L.P., Sioux City, for appellee City of Lawton.

McDonald, J., delivered the opinion of the court, in which Appel, Waterman, Mansfield, and Oxley, JJ., joined. McDermott, J., filed a dissenting opinion, in which Christensen, C.J., joined.

Willard McNaughton entered into an easement agreement with Jeanine and Stanley Chartier to allow a small part of a road to pass through McNaughton's property. The road was used to access the Chartiers' business on their adjacent property. The agreement provided that it was a "`private' easement granted for the use and benefit...

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