HUTNER v. KELLOGG

No. 43A03-9007-CV-256.

563 N.E.2d 1338 (1990)

Robert W. HUTNER, Appellant (Plaintiff below), v. Susan KELLOGG, Donald Orbaugh and Georgia Orbaugh, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

December 20, 1990.


Attorney(s) appearing for the Case

Edward J. Liptak, Miller Carson & Boxberger, Fort Wayne, for appellant.

Mark A. Armstrong, Hartzog, Barker, Hepler & Saunders, Goshen, for Susan Kellogg.

Richard K. Helm, Rockhill, Pinnick, Pequignot, Helm & Landis, Warsaw, for Donald and Georgia Orbaugh.


STATON, Judge.

Robert Hutner appeals the trial court's judgment against him in his action for permanent injunction. Hutner sought to prohibit Kellogg and the Orbaughs, dominant tenants with an express easement to the shores of Lake Wawasee, from placing and using a pier beyond the shoreline where the easement terminates. Hutner's sole allegation of error is that the determination by the trial court was contrary to law.

Affirmed.

The evidence was presented...

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