Herren v. Beshears

Plaintiffs brought an action against defendant, a trustee of a revocable living trust, seeking declarative and injunctive relief based on a claim that they had acquired a prescriptive easement over a private road on defendant’s property that allowed them to access their own property. The trial court entered a preliminary injunction in favor of the plaintiffs and defendant filed an interlocutory appeal, arguing that the trial court abused its discretion in granting a preliminary injunction and in refusing to limit the scope of the preliminary injunction. The appellate court found no error and affirmed. (DOHERTY and GRISCHOW, concurring)