Confirm favorite deletion?
Property Law Keyed to Cribbet
Joslin v. Pine River Development Corp
Facts
The original developers of the area, the Scribners, laid out 48 shore lots including lot 26 and more back (landlocked) lots which together formed Scribner Park subdivision. Some of the shore parcels were conveyed to Plaintiffs or their predecessors in title. Pine River Development Corporation (Defendant) purchased lot 26 and a large tract with no frontage to the water. The Defendant subdivided the large tract into 161 lots and sold 147 of them to buyers who formed the Pine River Association, Inc. The Defendant then conveyed lot 26 to the Pine River Association so that its members could have access to the water for swimming, docking boats, and other purposes. The Defendant entered onto lot 26 and cleared the land for this purpose. All of the deeds to the frontage lots have restrictions. The number of cottages to be built on any one lot was restricted. Mobile homes were prohibited. Permanent buildings were required, with finished exteriors and modern plumbing and the cottages ar e required to be set back a certain distance. Two other restrictions concern utility easements and drainage rights. The residents of the frontage lots sued the Defendant to enjoin the use of lot 26 as a common boating or beach area or a common entrance and exit for access to the beach. The lower court entered a permanent injunction against the Defendant, its successors or assigns. Defendant 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.
- 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.