Jeffrey Haw and Shirlee Haw
v.
City of Cresco
Appellant
Jeffrey Haw and Shirlee Haw
Appellee
City of Cresco
Attorney for the Appellant
Jeremy L. Thompson
Attorney for the Appellee
Joshua R. Strief
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Howard County, John J. Sullivan, Judge. AFFIRMED. Heard at oral argument by Greer, P.J., and Badding and Chicchelly, JJ. Opinion by Badding, J. (14 pages)
Jeffrey and Shirlee Haw appeal the denial of their petition to enjoin the City of Cresco’s alleged violations of an access easement. OPINION HOLDS: Although the language of the easement is facially ambiguous, we agree with the district court’s interpretation based on the circumstances surrounding the easement’s creation and the purpose for which it was granted. We find that the Haws are not entitled to cross the City’s lots at all points along the parties’ shared boundary and that, consequently, the City’s fence does not unreasonably interfere with the Haws’ access right. We affirm the denial of injunctive relief.
