California Court of Appeal

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Cottonwood Duplexes, LLC v. Barlow, C069564

In plaintiff's quiet title action over a road and utility easement that plaintiff's predecessor had granted to defendant, trial court's judgment is reversed and remanded where the trial court erred in determining that the partial extinguishment of defendant's easement was justified by an extension of the decision in Scruby, and no authorized rule of law authorized the trial court to terminate defendant's property rights by reducing the size of his easement against his will, no matter what the evidence showed.

Appellate Information

  • Decided 11/13/2012
  • Published 11/13/2012

Judges

  • Robie

Court

  • California Court of Appeal

Counsel

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