Wilson v. Autler
It has been said that good fences make good neighbors. This case, alas, involves bad fences as well as bad neighbors. Since 1996, Larry Wilson and his next door neighbor, Carole Autler, have been embroiled in more or less constant litigation regarding Wilsons easement across Autlers property. In this particular case, Wilson filed a petition for a harassment injunction against Autler (Code Civ. Proc., 527.6), alleging that her conduct of keeping a locked gate (or gates) across the easement constituted harassment. The trial court granted the petition and ordered Autler to provide the keys.
Autler appeals. She contends that the trial court erred because it:
1. Exceeded the subject matter [of] and the relief sought by the harassment petition. (Capitalization altered.)
2. Denied Autlers claim that Wilsons easement had been extinguished by prescription and, in particular, did so in the context of a harassment petition.
3. Enjoined conduct that served a legitimate purpose and that therefore did not constitute harassment.
court conclude that Autler has failed to demonstrate any reversible error. Accordingly, Court affirm.
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