KENNETH E. TACKMAN and BRENDA L. LUTZ - TACKMAN , Plaintiff s - Appell ants , vs. MICHAEL J. SCHUSTER and TONI K. SCHUSTER , Defendant s - Appell ees .
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IN THE COURT OF APPEALS OF IOWA
No. 8-886 / 08-0584
Filed December 31, 2008
KENNETH E. TACKMAN and
BRENDA L. LUTZ-TACKMAN,
Plaintiffs-Appellants,
vs.
MICHAEL J. SCHUSTER and
TONI K. SCHUSTER,
Defendants-Appellees.
________________________________________________________________
Appeal from the Iowa District Court for Clayton County, Kellyann M. Lekar,
Judge.
The plaintiffs appeal from the district court’s order granting summary
judgment in favor of the defendants. AFFIRMED.
Peter Riley of Tom Riley Law Firm, P.L.C., Cedar Rapids, for appellants.
James Garrett of Jacobson, Bristol, Garrett & Swartz, Waukon, for
appellees.
Considered by Vogel, P.J., and Mahan and Miller, JJ.
2
VOGEL, P.J.
The plaintiffs appeal from the district court’s order granting summary
judgment to the defendants in a suit regarding a written easement agreement
between the parties.1 The plaintiffs, as grantees, filed a petition for a declaratory
judgment, which was an attempt by them to restrict the defendants-grantors’ use
of their own land. As the district court found,
the Grantor and his successors may use their property in any
manner and for any purpose consistent with the enjoyment of the
easement, and the owner of the dominant estate cannot interfere
with this use unless the Grantor expressly agrees to the contrary.
See 28A C.J.S. Easements § 222, at 437-38 (2008). We agree with the district
court’s fact-finding, reasoning, and application of the law; thus, we affirm
pursuant to Iowa Court Rule 21.29(1)(a), (c), (d), and (e).
AFFIRMED.
1
Edwin R. Walter and Arta S. Walter entered into the easement agreement with
Kenneth E. Tackman and Brenda L. Lutz-Tackman. Michael J. Schuster and Toni K.
Schuster are the successors in interest to the Walters.
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