Caldwell v. Cometto
Annotate this CaseAppellants David and Kathy Caldwell appealed the district court's refusal to allow the removal of trees within and adjacent to an access road easement that ran over property belonging to their neighbors, Respondents Thomas and Lori Cometto. Until 1997, an access road ran in a straight line directly through the Comettos' property and was subject to a deeded easement that benefited the Caldwells. The Comettos rerouted the road so that it avoided buildings on their property. The new road had four new sharp turns, and was narrower than the previous road. The Caldwells filed suit against the Comettos alleging that the new road injured their rights in the easement. To settle that litigation, the parties signed an agreement that granted Appellants an easement over the newly constructed road. The Caldwells then filed suit in 2007 to quiet title to the new easement, and sought a declaration that the Comettos must upgrade the road to the same standards as the previous road. Furthermore, the Caldwells sought to enjoin the Comettos from placing obstacles in the right-of-way. The trial court quieted title to the easement, and specifically held that the Comettos were to keep the easement free of debris. The Comettos were precluded from removing nineteen mature trees from the easement. Neither side was awarded attorney's fees, because as the court concluded, there was no prevailing party. The Caldwells appealed the denial of attorney's fees and the order regarding the trees. They argued that there was no substantial evidence to support the court's decision. The Supreme Court found that the lower court's record sufficient to support its decision. The Court affirmed the lower court's decision on the trees and the denial of attorney fees.
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