Michael R. McElroy v. Edward Stephens, III

Excerpt

The defendants appealed from an entry of summary judgment in favor of the plaintiffs. The defendants argued that the hearing justice erred when he determined that the plaintiffs' lot had an easement appurtenant to travel across all of the defendants' properties to access Seaweed Beach because the plaintiffs did not have a "legal means" to access Seaweed Beach. The Supreme Court held that the defendants had demonstrated a disputed issue of material fact as to whether the plaintiffs had a right to cross over any of the defendants' properties to reach the Seaweed Beach easement. Accordingly, the Supreme Court vacated the grant of summary judgment in favor of the plaintiffs and remanded the case to the Superior Court for a proper determination of whether or not the plaintiffs have a right to cross over any of the defendants' properties to reach the Seaweed Beach easement.