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Appeals, Writs, and Complex Motions Practice

Graeagle Land and Water Co. v. Gilpatrick

(2002, Third Dist., #C038812, unpublished.) This appeal involved an action to enforce an easement for a road giving public access for a land development project. One of the landowners burdened by the easement erected barriers in the road, and the developer sued. The trial court granted summary judgment, finding there had been an implied dedication of the roadway for public use. Representing the developers, Mr. Sargeant showed that the grant of easement specified it was for public purposes and the plaintiffs had produced unopposed evidence in support of its claim that the public had used the roadway in the past. The Court of Appeal therefore affirmed the summary judgment.