Goulding v. Cook

After a neighbor's pool installation caused the Cooks' (defendants) cesspool to malfunction, local regulations required them to install a septic system, but the only suitable site was a small triangular parcel the Gouldings (plaintiffs) claimed to own; despite the Gouldings' objection and a denied preliminary injunction, the Cooks installed the septic system there, and the trial court later confirmed the Gouldings' ownership but granted the Cooks an easement to keep operating the system in exchange for payments to the Gouldings, which the intermediate appellate court affirmed before the Gouldings appealed further.