The plaintiffs, owners of a 50-acre parcel and an adjacent 200-acre parcel, sought declaratory and injunctive relief regarding a right-of-way over the defendant's farm.
The plaintiffs intended to develop the property and sought declarations permitting them to alter the right-of-way for year-round vehicular access, remove gates, and access the 200-acre parcel.
The court dismissed the action, finding that the proposed development lacked municipal approval, making the requested declarations hypothetical.
The court also held that the plaintiffs could not use the right-of-way to access the 200-acre parcel, which was not the dominant tenement.
