The plaintiff sought damages for the defendant's interference with a right-of-way over the defendant's property, which provided access to the plaintiff's parking lot.
The defendant constructed a hotel that reduced the width and height of the right-of-way, preventing front-end loader garbage collection and reducing parking capacity.
The court found the permanent structure constituted an actionable interference with the express grant of the easement.
The plaintiff was awarded $441,400 in damages for loss of rental income, reduction in property value, and costs to re-grade the parking lot.
