Woods v. Shannon
Annotate this CaseAt issue in this case was Jeff Shannon’s use of an easement crossing the northwest corner of property owned by Walter and Nereida Woods. When Shannon informed the Woodses that he intended to construct a driveway on the easement, the Woodses petitioned for injunctive relief, claiming that the easement was created by necessity and should be extinguished because it was no longer necessary. The district court granted Shannon’s motion to dismiss for failure to state a claim, finding that the easement was created by an express grant, the terms of which were clear and unambiguous. The Supreme Court affirmed, holding that the easement was an express grant, and the Woodses failed to allege any facts that would entitle them to relief.
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