Wilkinson, LLC v. Erler
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The Supreme Court reversed the order of the district court holding that the Secret Gulch Road Easement was an easement in gross, vacating Plaintiffs' temporary restraining order, denying Plaintiffs injunctive relief, and awarding Defendants costs and attorney's fees, holding that the Secret Gulch Road Easement was appurtenant.
Plaintiffs filed a complaint seeking a preliminary injunction order against Defendant. The district court denied the request, holding that the Secret Gulch Road Easement was in gross rather than appurtenant. The order awarded costs, damages and attorney's fees to Defendants. The Supreme Court reversed, holding (1) the district court erred in its determination that the Secret Gulch Road Easement was in gross because the easement was appurtenant; and (2) as such, Plaintiffs had the right to utilize the Secret Gulch Road Easement.
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