Testa's, Inc. v. Jack Coopersmith

[¶ 1] Testa’s, Inc., appeals from a judgment entered in the Business and Consumer Docket (Nivison, J.) after a bench trial, finding that a 1978 agreement granted an appurtenant easement over property belonging to Testa’s for the benefit of Jack and Sherri Coopersmith’s predecessors-in-title. Testa’s contends that the court erred in concluding that (1) the 1978 agreement was enforceable and created an easement, and (2) alternatively, the Coo-persmiths have a prescriptive easement over the Testa’s property. We affirm the judgment.

I. BACKGROUND

[¶ 2] Based on the evidence presented at trial, the…