The legal issues presented in this case will be displayed here.

This section contains the nature of the case and procedural background.

Goulding (P) and Cook (D) were neighbors. Another neighbor installed a swimming pool and this caused D's cesspool under that neighbor's land to malfunction. D was forced to find an alternative sewage disposal system. The town required a septic system and the only suitable site was on a 2, 998 square foot triangle of that D claimed belonged to them, but P claimed as part of his property. D tried to negotiate with P but to no avail. P sought a preliminary injunction against D's use of the land and for a declaration that they were fee simple owners. The preliminary injunction was denied, and D entered the land and installed the septic system. The trial court found ownership to be with P but granted an easement to D for the maintenance of their system at a price to be negotiated by the parties. P appealed, and the appeals court affirmed. This appeal resulted.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.