This section contains the nature of the case and procedural background.

In 1957, six landowners gave the right to Hodnette (P) to use the northernmost 900 feet of a private drive that leads to their respective riverfront lots. P used the road for over 37 years. In 1989, P gave an easement down the length of P's property to provide water and sewerage service for all the homes served by the private road. The Water and Sewer Board put a gravel drive on P's property which parallels the private road. The Sewer Board also widened and paved the private road. P concedes that they no longer need to use the private road, but that road is in better condition and more convenient for P in that they are now retired senior citizens. In 1994, Shearer (D), one of the landowners dug a ditch across the entrance of P's home making it impossible for P to use the private road. P filed an action for a temporary restraining order, and permanent injunction against D. Those orders were eventually issued. D appealed.

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