Glenn R. Burkey v. Geoff Post

Syllabus

In this case, the plaintiffs sued the defendants for constructing a gate that interfered with their use of an existing gravel road located on the defendants' farm. According to the plaintiffs, access to their property required use of the gravel road. The gravel road in question crosses two separate tracts owned by the defendants and runs southwest to northeast from a state highway through the defendants' farm and then east to west through another tract. Although the plaintiffs claimed that the easement was fifty-feet in width along its entire length, the court found that the section of the road running through the defendants' farm was a public road with a width of only twelve feet. The court also denied the plaintiffs' request for discretionary costs. The plaintiffs appeal the court's finding concerning the width of the public road and the denial of discretionary costs. Discerning no error, we affirm.