Flora v. Clearman

At dispute in this case was the existence and use of an easement along Turk Road, a private road that ran through multiple properties. All parties in this case owned property accessed via Turk Road, which passed through portions of Defendants’ properties. This appeal concerned the right of Marc and Gloria Flora (Plaintiffs) to use Turk Road over two properties owned by four defendants (Defendants). Plaintiffs sought a declaratory judgment that they had legal access along Turk Road as it passed through Defendants’ properties pursuant to an express easement. The Floras then moved for a preliminary injunction to enjoin Defendants from interfering with the Floras’ access along Turk Road. The district court granted the Floras a preliminary injunction because the Floras laid out a prima facie case for a prescriptive easement. The court then limited the easement to light-duty passenger vehicles. The Floras appealed. The Supreme Court affirmed, holding that the district court did not err by (1) granting the Floras’ motion for a preliminary injunction on the basis of a prescriptive easement theory rather than on an express public easement theory; and (2) limiting the Floras’ prescriptive easement to the use of passenger vehicles. View "Flora v. Clearman" on Justia Law