The owners of one commercial-residential property sought declaratory and monetary relief arising from a long-running parking and access dispute with the owner and tenant-operators of the adjoining property.
The court found continuous, uninterrupted, open and peaceful historical use of a narrow strip of the adjoining lands and the rear parking area sufficient to establish a prescriptive easement before land titles conversion.
The court also held that repeated obstruction of the east-west right-of-way and deliberate parking conduct by certain defendants constituted nuisance, but rejected claims for trespass damages and intentional interference with economic relations.
Counterclaims by the adjoining tenant and related parties were dismissed.
The court granted declaratory relief and awarded a total of $30,000 against three defendants.
