(Download) "Curutchet v. Bordarrampe" by Supreme Court of the United States ~ eBook PDF Kindle ePub Free
eBook details
- Title: Curutchet v. Bordarrampe
- Author : Supreme Court of the United States
- Release Date : January 10, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The primary issue in this appeal is whether Alvina E. Curutchet, the owner of a servient estate subject to an appurtenant easement by prescription established by a judgment entered in 1976, may assert a claim of civil trespass against Florence Bordarrampe, the owner of the dominant estate, and Guillaume Delgue, the lessee of the dominant estate. There are corollary issues relating to the propriety of the summary judgment with respect to Curutchets claim for damages for misuse of the easement and Bordarrampes and Delgues claims for damages for interference with the easement. These latter issues depend upon the propriety of the summary judgment entered by the district court enjoining Curutchet from interfering with the use of the easement by Bordarrampe and Delgue on the ground that the easement had been judicially established. We affirm the judgment of the district court with respect to the existence of the easement by prescription. As that court anticipated in its remarks from the bench, we conclude that the summary judgment must be reversed with respect to the several claims for damages because there are present genuine issues of material fact relating to those damages which must be determined by trial.