Lincoln v. Burbank

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Harold Burbank was the owner of an interest in a coastal property that was owned in joint tenancy by fourteen owners (collectively, Defendants). Plaintiffs, the owners of a cluster of properties neighboring the Burbank property, filed a complaint asserting that they had acquired an easement over a portion of the Burbank property. After a trial, the trial court granted a prescriptive easement and ordered partition by sale of the property. Burbank appealed. The Supreme Court affirmed and ordered sanctions against Burbank, holding (1) the trial court did not err when it granted a prescriptive easement and ordered partition by sale of the property; (2) the remainder of Burbank’s arguments were either improperly raised, meritless, or both; and (3) Burbank should be sanctioned for his repeated misconduct in prosecuting this appeal. View "Lincoln v. Burbank" on Justia Law