Kienzle v. Myers

853 N.E.2d 1203 (2006)

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Nature Of The Case

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

Facts

Duyne and Bauer were friends and neighbors on adjoining property. In 1981, following construction of a public sewer line both Duyne and Bauer were required by law to connect to the public system. For Bauer, a direct connection would mean excavation of her driveway, representing a substantial cost and inconvenience. It was agreed that Bauer would install her sewer through a 96-foot-long trench from her home to Duyne's property, where it would share a 207-foot trench with Van Duyne's connector line to the street. Each party bore her own tap and assessment fees. In 1982, Duyne's daughter and son-in-law, P, moved into her property. In 1987, P acquired the property. In 1989, D acquired the Bauer property. In 2003, P sent a letter to D advising D that P had 'decided to terminate the revocable license' by which D's sewer pipe crossed the P property. On March 26, 2004, P sued D, seeking to quiet title with respect to D's 'encroachment' across P's property, enjoin further trespass and for damages. D claimed an easement, easement by estoppel, or prescriptive easement for the sewer line. P moved for and was granted partial summary judgment. The trial court rejected D's assertion that their use of P's property was by easement. The court awarded P $14,000 for the 'cost of capping the sewer line,' and rejected D's counterclaim. D appealed.

Issues

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Holding & Decision

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Legal Analysis

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