Gene L. Franklin and Connie Johnson, Executors of the Fae Black Estate; Gene L. Franklin, Connie Johnson, Curtis L. Franklin, Julie Pedrick, Bruce Franklin, and Gregory S. Franklin
v.
Michael Johnston, Elizabeth Johnston, Steve Johnston, and Judith Yeager
Appellee
Gene L. Franklin and Connie Johnson, Executors of the Fae Black Estate; Gene L. Franklin, Connie Johnson, Curtis L. Franklin, Julie Pedrick, Bruce Franklin, and Gregory S. Franklin
Appellant
Michael Johnston, Elizabeth Johnston, Steve Johnston, and Judith Yeager
Attorney for the Appellee
Michael C. Vance
Attorney for the Appellant
Lucas C. Helling (until withdrawal) and Vanessa M.Y. Willman (until withdrawal)
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Van Buren County, Randy S. DeGeest, Judge. AFFIRMED ON APPEAL; REVERSED ON CROSS-APPEAL. Considered by Vogel, C.J., and Vaitheswaran and Potterfield, JJ. Opinion by Vogel, C.J. (10 pages)
Michael Johnston, Elizabeth Johnston, Steve Johnston, and Judith Yeager (the Johnstons) appeal, and Gene Franklin and Connie Johnson (the Franklins) cross-appeal, the district court’s ruling following a remand from our court. The Johnstons assert the district court should have been granted them fee simple ownership of the dock and shoreline area near Michael Johnston’s home, rather than a prescriptive easement. The Franklins filed a cross-appeal, and claim the district court should have restricted the size and location of the dock and the width of the shoreline. OPINION HOLDS: We conclude the district court appropriately granted the Johnstons a prescriptive easement in the dock and shoreline. Additionally, we order the boundaries of such easement be changed to conform to the Franklins’ requested specifications.