Moylan v. Dykes

In Moylan v. Dykes (1986) 181 Cal.App.3d 561, the defendant constructed a fence across an easement, which denied each plaintiff access to his or her property; these property owners were unable to sell their property or, as one testified, to "do anything with it." (Moylan, supra, 181 Cal.App.3d at p. 574.) Defendants contended plaintiffs suffered no damages because the properties increased in value during the years when plaintiffs were denied access. The court found plaintiffs' damages, although intangible, were real. "The fact remains that plaintiffs were wrongfully deprived of access to their properties for a period of several years. The trial court fixed plaintiffs' damages at $3 per day. That amount was not excessive. The trial court did not abuse its discretion in assessing plaintiffs' damages as it did. We find no error." (Ibid.)