Howard v. Trotter

William and Carla Trotter and Kevin and Cheryl Buehner appealed a judgment which declared "Trotter Road" a public road, and that awarded Ralph and Patricia Howard damages. Since 1984, the Howards have used Trotter Road to access their farmland. In 1986 or 1987, Gene Buehner built a dam along Trotter Road because the road had frequently been washed away by high water traveling through the ravine. In the fall of 2009, the road had become increasingly narrow due to high water. The width of the road made it impossible for the Howards to access their farmland with heavy farm equipment, which had previously not been a problem. Also in the fall of 2009, the Trotters erected steel poles across Trotter Road further preventing the Howards from accessing their farmland. In 2011, the Howards sued the Trotters and Buehners seeking injunctive relief and money damages. Upon review, the Supreme Court concluded that the trial court did not clearly err in finding Trotter Road was a public road, and in awarding the Howards damages. View "Howard v. Trotter" on Justia Law