Kienzle v. Myers

When forced to connect to a new public sewer line, neighboring owner Bauer avoided expensive direct excavation by getting permission from neighbor Van Duyne to route her line through Van Duyne's line to the public system, both expecting the arrangement (using a 50-year plastic line) to be permanent. Successors Kienzle Trust (plaintiff, acquiring Van Duyne's property) later revoked permission for successors Myers (defendants, acquiring Bauer's property) to use the connection, threatening to cap the line, and sued to quiet title and enjoin trespass; the Myerses counterclaimed for a declared easement, but the trial court found none and awarded the Kienzle Trust capping costs.