In this case the Third District Court found that the gate and the half gate placed by the Schaeffers not only blocked use of the Bridle Path Easement, but also trespassed on Leonard's property.

Approximately September 2016 four homeowners in our neighborhood moved their fences out thirty feet into the fifty foot bridle path committing a land grab.  After refusing to move their fences at the request of the HOA, the only other recourse was a lawsuit.  The first hearing was December 2017.  The judge ruled that the Protective Covenants and plat maps for our subdivision define the bridle path / right of way as fifty feet wide, but would not grant the Plaintiffs' request for summary judgement unless they sued all homeowners living on the east side of Whirlaway.  The Plaintiffs did not want to sue people who did not blatantly violate the Protective Covenants by moving their fences, so they filed an interlocutory appeal with the Utah Supreme Court.  The Utah Supreme Court agreed that the Plaintiffs did not need to sue everyone whose property backed that bridle path.  The case was then sent back to the district court to correct the error of the first judge and continue with the request for summary judgement.  The defendants then changed the focus of their defense to claiming the Protective Covenants have been abandoned.  The judge ruled that they were entitled to their day in court on that issue.  The defendants requested a trial by jury.  ​After two days of jury trial, the court case was settled. All four homeowners moved their fences back to their original positions as is shown on the plat maps and removed all obstacles, including but not limited to gates and trees, from the bridle paths bordering their homes with the exception of the big rock in the bridle path on the north side of McLelland's property. The complete ruling is attached.