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Property Keyed to Saxer
Glenn v. Poole
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Glenn (Plaintiff) owns a parcel of land bordering Thatcher Road. Gravel Road runs from Thatcher Road over Plaintiff’s parcel to a parcel of land owned by the Poole family (Defendants). Defendants used Gravel Road to access Thatcher Road since the early 1900s. Defendants initially used the road to haul wood with a horse-drawn wagon. Beginning in 1920, Defendants used trucks instead of wagons. At one point, Defendants operated a gravel pit and used the road to haul gravel. Beginning in the 1930s, Defendants entered the construction and snow plowing business and used Gravel Road to transport its equipment. Throughout this time, Defendants maintained the road by improving it with gravel and by installing a drainage pipe. Defendants also flared the corners of the entrance to Gravel Road in order to improve driver safety. In May 1972, Defendants received a zoning variance allowing them to operate a garage and repair shop on their property. This resulted in increased use of Gravel Road. Plaintiff sued, seeking to have the road eliminated or, in the alternative, to obtain a finding that Defendants’ use of Gravel Road constituted an overload of the easement. The Land Court found that although Defendants’ use of the road greatly increased in May 1972, their use was moderate and consistent with the general pattern formed by the adverse use.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.