Court Of Appeals Finds Trial Court Erred In Limiting Easement Use And Imposing Nuisance Liability

The trial court cannot restrict use of an easement when neither the easement itself nor past practice supports that restriction. Additionally, the trial court erred in finding the Association liable for nuisance as there were no findings of fact supporting the nuisance claim and any conduct that disrupted Plaintiffs enjoyment of their property was the conduct of individual subdivision owners, not the Association.