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BEDESSEM v. CUNNINGHAM

No. S-11-0127.

272 P.3d 310 (2012)

2012 WY 36

Marjorie E. BEDESSEM, Trustee of the Marjorie E. Bedessem Revocable Trust Agreement UTA Dated November 25, 2008, Appellant (Plaintiff), v. David P. CUNNINGHAM and Susan M. Cunningham, Appellees (Defendants).

Supreme Court of Wyoming.

March 9, 2012.

Attorney(s) appearing for the Case

Representing Appellant: M. Gregory Weisz of Pence and MacMillan LLC, Laramie, Wyoming.

Representing Appellees: Steven F. Freudenthal of Freudenthal & Bonds, P.C., Cheyenne, Wyoming.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

GOLDEN, Justice.

[¶ 1] Marjorie Bedessem (Bedessem), as trustee of her revocable trust, filed a complaint against David and Susan Cunningham (Cunninghams), seeking enforcement of an easement across the Cunningham property to access the Bedessem property. Bedessem claimed an implied access easement or, in the alternative, access pursuant to the restrictive covenants applicable to both properties. The district court found no evidence of an implied easement and...

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