Expressway Associates II v. Friendly Ice Cream Corp.

The plaintiff appeals from the trial court’s denial of its request for injunctive relief and damages against the defendant for overburdening the plaintiff’s right-of-way over the defendant’s property. The plaintiff claims that the trial court failed to recognize that the plaintiff owns an unconditional right-of-way over the defendant’s property with which the defendant is interfering.

The following facts are relevant to this appeal. In 1968, the plaintiff’s predecessor, Regional Properties, Inc. (Regional), owned a parcel of real property known as 2944 Main Street in Glastonbury. On September…