Preview:

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 orde r 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

Download KENNETH E. TACKMAN and BRENDA L. LUTZ - TACKMAN , Plaintiff s - Appell ants ,

Iowa Law