Manning v. CampbellAnnotate this Case
In 2008, Plaintiffs Thomas and Julie Manning purchased a property to which an easement was granted by their predecessors-in-interest to their neighbors, Defendants William Campbell and Naomi Campbell. The Mannings wanted to change or eliminate the then-existing driveway that lead to the Campbell property. When the Campbells would not agree to the change, the Mannings filed suit seeking a declaratory judgment holding that a written agreement between the prior owners of both their and the Campbells' property granted a revocable license. If that failed, they asked for a judgment that held they were entitled to relocate the easement. The district court ruled that the agreement granted an easement and not a revocable license. The parties then tried the right of the Mannings to relocate the easement. The Mannings submitted two proposed relocations of the easement, both of which would change where it connected to the Campbell property. A third proposal would leave the driveway where it was, but reduce its width. The court rejected all three proposals, and the Mannings appealed. Because the easement did not specify the location nor dimension of the easement, the Supreme Court found that the "Mannings [did] not point to any evidence in the record indicating that either the width or the location of the easement has changed since the driveway was initially constructed." Therefore, the district court did not err in rejecting all of the Mannings' proposals and leaving the driveway as it existed.