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Property Keyed to Rabin
Hayes v. Aquia Marina, Inc.
Facts
Aquia Marina (Defendant) a small commercial marina, held a right-of-wayeasement over Hayes’s (Plaintiff) property, which was an extension of the highway and served as a means of egress and ingress to the marina. In 1989, Defendant was granted permission to expand from eighty-four boat slips to 280 boat slips. Defendant also wanted to pave a roadway Plaintiff sought to enjoin the expansion on the grounds that it would overburden the easement across his land. The trial court ruled in favor of Defendant, determining that there was never a traffic problem with the easement, that the proposed expansion would not create such a problem, that the nature of the marina’s activities would not change as a result of the expansion, that the easement could be used for commercial purposes, and that paving the road was a reasonable and proper improvement to the right of way. Plaintiff appealed.
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