NAMN LLC v. Morello

NAMN, LLC filed this action against Bernard Morello seeking, among other relief, an order declaring that a permanent easement existed over Morello’s property to allow vehicular access to NAMN’s property. The district court ruled that NAMN had a permanent easement implied from prior use for vehicle ingress and egress over Morello’s property and that NAMN was entitled to make reasonable upgrades to the easement. The Supreme Court affirmed, holding that the district court (1) did not err when it granted an easement to NAMN, as the equities did not preclude the relief granted to NAMN; (2) applied the correct legal standard as to the degree of necessity required for an easement implied by prior use; and (3) did not err when it granted an easement in favor of NAMN where the land abutted a public road. View "NAMN LLC v. Morello" on Justia Law