Valley View Park Mutual Water Co. v. Powers CA4/1
Defendants Jacques Powers and Angeletta Powers (together, defendants) own Lot 85 in the Valley View Park Subdivision (the Subdivision). Lot 85 is adjacent to real property owned by plaintiff Valley View Park Mutual Water Company (Valley View). Defendants appeal from a judgment in favor of Valley View that prevents defendants from using a dirt road (the Road) on Valley View's land to access defendants' undeveloped real property. Defendants contend the judgment should be reversed, asserting: (1) Valley View's complaint is barred by the statute of limitations and the doctrine of laches; (2) Valley View does not own the Road, but if it does own the Road, defendants have an easement by prescription or necessity; (3) certain documents entitle them to use the Road; and (4) the judgment constitutes an unconstitutional taking of their land. We affirm the judgment.
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