Property Law Keyed to Cribbet
State Ex Rel. Thornton v. Hay
The State in this action has sought to enjoin the Defendants from constructing fences or barriers on “dry sands” areas of the beachfront, which is adjacent to Defendants’ property. The Defendants concede that all areas of the beach that lie seaward of the mean high tide line (“wet sands” area) are a state recreational area as defined by statute. The dispute centers on the sandy area between the edge of the vegetation line (falling generally on the sixteen foot elevation line) and the high tide line. This area is called the “dry sands” area of the beachfront. The Defendants assert a right to build fences or barriers from the edge of the vegetation line to the edge of the mean high tide line, which would effectively keep the public from entering those fenced areas. The lower court found for the state on the basis of a prescriptive easement, and permanently enjoined the Defendants from building any structures on the dry sands area of the beachfront. The Defendants appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.
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.