STRODA v. JOICE HOLDINGS

No. 100,733.

207 P.3d 223 (2009)

Ed STRODA, as Trustee for the Edmond Stroda Revocable Trust, Appellee, v. JOICE HOLDINGS, a Kansas Limited Liability Company, Appellant.

Supreme Court of Kansas.

May 15, 2009.


Attorney(s) appearing for the Case

Bradley R. Finkeldei, of Stevens & Brand, LLP, of Lawrence, argued the cause and was on the briefs for the appellant.

Vernon L. Jarboe, of Sloan, Eisenbarth, Glassman, McEntire & Jarboe, LLC, of Topeka, argued the cause, and Martha A. Peterson, of the same firm, was with him on the brief for the appellee.


NUSS, J.

This case requires us to determine the extent of an easement that the parties agree had been created by implication. The trial court held that the easement could be used for access across the servient tenement to a future residence on the dominant tenement and for utilities to that residence. The owner of the servient tenement appeals both rulings. We affirm.

FACTS

In 1952, Lawrence and Etta Stroda, grandparents of Ed Stroda, purchased...

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