The plaintiff, Lou Maieron, sued Ugo Guila (and related corporate defendants) and the Town of Erin, alleging an improper easement on his land.
The dispute arose from a 1997 settlement agreement between Maieron and Guila for the transfer of land (Block 56) subject to a water monitoring easement.
In 2003, Guila and the Town of Erin entered a Subdivision Agreement granting an expanded, permanent easement for stormwater management, including construction, over Block 56, without Maieron's involvement.
Maieron objected to this expanded easement in the deed and did not register it, but paid property taxes on the land.
At trial, Maieron sought to amend his claim to remove the expanded easement, replace it with the original monitoring easement, obtain reimbursement for taxes paid, and gain the right to remove installations.
The court dismissed the amendment request due to lengthy and unexplained delay, finding presumed prejudice to the defendants and that the claim was stale-dated.
The court also dismissed all of Maieron's claims, finding the Town of Erin was not a party to the original 1997 agreement and had statutory authority for its easement.
While Guila breached the 1997 agreement, Maieron failed to prove any damages.
