David Hamrick, Maggie Hamrick, Sue Bertram and Steve Bertram v. Tom Ward and Betsey Ward

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• remanding in the interest of justice \in light of our clarification of the law\
• observing remand is “particularly appropriate” when the losing party may have presented their case differently
• observing remand is “particularly appropriate” when the losing party may have presented their case differently
• discussing, in the context of prior use easements, the presumption that parties consider open and visible conditions in contracting for the purchase of land
• noting party claiming necessity easement must establish unity of ownership of the alleged dominant and servient estates
• “[W]e procedurally cannot hold that the Wards prevailed on a theory they have not advanced in the trial court.”

Source: CourtListener parenthetical corpus (CC0).