Plainfield Pike Development, LLC. v. Victor Anthony Properties, Inc.

Plaintiff filed a two-count declaratory judgment action seeking adjudication regarding its use of a roadway over Defendant’s abutting property. The trial justice issued a decision in favor of Plaintiff, concluding that Plaintiff had an easement or right-of-way over this roadway and that its use of the right-of-way was not limited to a specific use. Defendant appealed, arguing that the proposed use of the right-of-way by Plaintiff was an unreasonable extension of the use intended by the parties when the easement was originally created. The Supreme Court affirmed, holding that the trial justice was not clearly wrong when she concluded that there was no restriction on the use of the right-of-way. View "Plainfield Pike Development, LLC. v. Victor Anthony Properties, Inc." on Justia Law