Cedar Beach/Cedar Island Supporters, Inc. v. Gables Real Estate LLC

JABAR, J,

[¶ 1] Gables Real Estate LLC (Gables) appeals from a judgment of the Superior Court (Cumberland County, Mills, J.), entered after a three-day bench trial, declaring that the public has a prescriptive easement over a parcel of property Gables owns known as Cedar Beach Road. Because we determine that the elements of adversity and nonacquiescence were not established, we vacate the judgment.

I. BACKGROUND

[¶ 2] Members of the public, both individually and collectively as Cedar Beach/Cedar Island .Supporters, Inc. (the claimants), brought this action seeking a declaratory judgment that the…