Town of Lakeside Park v. Crescent Park, Inc.

STANLEY, Commissioner.

This is an action for a declaration of rights in a controversy relating to the right of the appellees to tap an outlet sewer of the town of Lakeside Park.

In 1937, the appellant by contract acquired an easement through a 60 acre tract of land for the purpose of constructing and maintaining a sewer line to a disposal plant on a lot purchased outright from the owners of the tract. As the consideration for the easement, the instrument recites that the town “agrees to permit said grantors, the heirs and assigns of all or any part of said land whereon improvements may be made…