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Property Keyed to Merrill
Penn Bowling Recreation Center, Inc. v. Hot Shoppes, Inc.
Citation:
179 F.2d 64Facts
The appellant, Penn Bowling, was the owner of a dominant parcel benefitting from an easement providing for ingress and egress. The appellee, Hot Shoppes, was the owner of the servient parcel. Penn Bowling expanded its operation such that it also had a building located partly on and partly off the dominant parcel for which it also used the easement to bring in supplies. Hot Shoppes also ran a business which required its use of the easement to make deliveries. Penn Bowling also had its trucks parking in the easement at times. Hot Shoppes erected iron posts and cement concrete blocks within the easement preventing Penn Bowling’s full use and enjoyment of the easement. Penn Bowling sued, Hot Shoppes filed a motion for summary judgment claiming Penn Bowling’s misuse of the easement resulted in forfeiture.
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