The respondents brought a motion under Rule 59.06(2)(d) of the Rules of Civil Procedure to vary a previous judgment to include a declaration that the applicant had abandoned a portion of a right-of-way on the respondents' property.
The applicant opposed the motion, arguing the relief was not pleaded at trial.
The court found that the issue of the applicant's use of the right-of-way was fully canvassed at trial and that it was in the interest of justice to provide finality.
The court varied the judgment to declare the right-of-way abandoned, but granted the applicant an easement over a narrow strip to allow for inspection of her garage.
