Monday, January 6, 2014

Hayes v. Aquia Marina, Inc. case brief

Hayes v. Aquia Marina, Inc. case brief summary
414 S.E.2d 820 (1992)

CASE SYNOPSIS
Appellant servient estate owner sought review of the decision of the Circuit Court of Stafford County (Virginia), which affirmed chancery commissioner's finding that appellee dominant estate owner's expansion of a marina would not overburden an easement in appellant's suit to enjoin the expansion.

CASE FACTS
Appellant servient estate owner filed an action to enjoin appellee dominant estate owner from expanding its marina from 84 to 280 boat slips. Appellant alleged that the expansion would overburden the easement and that proposed paving of the easement was allowed.

PROCEDURAL HISTORY
The trial court affirmed the findings of the chancery that the expansion would not overburden the easement.

HOLDING
On appeal, the court affirmed the trial court's decision, holding that it was supported by evidence and was not plainly wrong.

CONCLUSION
The court affirmed the trial court's decision which affirmed chancery commissioner's finding that appellee dominant estate owner's expansion of a marina would not overburden an easement in appellant servient estate owner's suit to enjoin the expansion.

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