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Roth v. Garner

12/9/1998

he Roths sought to enjoin in this action allegedly occurred in and affected only the use of areas adjacent to but outside the 20-foot width of the easement as established by the 1973 and 1991 judgments. In other words, the alleged activities could be actionable only if the easement extended beyond the previously and conclusively adjudicated dimension that the Roths were barred from relitigating. We accordingly conclude that they were not entitled to the injunctive relief that they sought, and that the court erred by granting it to them.


On appeal, reversed and remanded with instructions to enter judgment for defendants; affirmed on cross-appeal.






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