John H. Dwyer Jr. (Of Counsel-Louisville, KY) represented homeowners in the appeal of an easement dispute. At trial, the court terminated the homeowners’ easement as it found that they violated the scope of the easement, and due to the hostility between the parties, it was impossible as a practical matter to accomplish the purpose for which the servitude was created. On appeal, John argued that the trial court erred in unilaterally terminating the easement based on the parties’ inability to get along, and in failing to grant an injunction enjoining the other party from interfering with our clients’ use of their easement. Further, John argued the trial court’s reliance on Restatement (Third) of Property: Servitudes § 7.10 was improper. The Kentucky Court of Appeals agreed, finding that the appellee was the primary aggressor and an easement appurtenant cannot be unilaterally terminated because the parties cannot get along. Rather, the proper remedy for misuse of an easement is an injunction, instructing the violating party to refrain from continuing misuse. The Court reversed the trial court’s finding that the easement was terminated, and remanded to the trial court to determine whether our clients are entitled to injunctive relief against the other party for their violation of our clients’ use and enjoyment of the easement. The opposing party sought discretionary review in the Supreme Court of Kentucky, but that court declined review.