Wykidal

INTRODUCTION

Plaintiff and appellant Gary C. Wykidal owns a parcel of real property adjacent to

1 other property on which defendants and respondents operate a business, Action Zipline.

Wykidal appeals from an adverse judgment which was rendered after a court trial on his

complaint for public and private nuisance.

On appeal, Wykidal argues that defendants’ use of a dirt road has overburdened

the easement for access across his property and the trial court erred in making a contrary

determination. We hold substantial evidence supports the trial court’s factual findings

and the court correctly applied the law of easements. We affirm the judgment.

II

FACTUAL AND PROCEDURAL BACKGROUND

1. The Evidence at Trial

In 1991, Wykidal purchased 10 acres of forest property—part of section 18 (about

500 acres)—near State Route 381 and Onyx Summit in Big Bear. The original zoning for

section 18 was R-1, allowing residential and commercial use. In 1988, the zoning was

changed to Resource Conservation, allowing residential and commercial uses, including

rural sports and recreation. A 2.5-acre parcel located south of Wykidal’s property is

owned by defendant Good Time Mountain, Inc.…