Sornborger

FACTS

Gary Sornborger and Michael and Jeanette Kempkes (collectively Kempkes) own neighboring residential units in a planned unit development. The units are detached, but very close. In fact, so close they are encumbered by the following reciprocal easement: “An Owner shall permit the Owner or Owners of an adjoining Lot or Lots, or his or their representatives to enter upon his Lot for the purpose of repairing and/or maintaining the exterior walls of his or their residential structures, provided, that request for entry is reasonably made in advance and that such entry is made at a time reasonably convenient to the Owner. In case of an emergency, such right of entry shall be immediate.” All is not well between the neighbors. A dispute arose over Sornborger’s right of access over the easement, as well as other matters. In April 2023, the parties stipulated to a preliminary injunction (hereafter stipulated order). The trial court ordered Kempkes to allow Sornborger access over the easement to repair or maintain the exterior walls, subject to certain notice requirements. The stipulated order allowed the parties to seek ex parte relief for any alleged violation of the order. Sometime…