Stansbury v. MDR Development, L.L.C.

CATHELL, Judge.

This case arises from an action by a property owner to prove the existence of an easement by necessity over another’s property. MDR Development, L.L.C. (“MDR”), respondent/cross-petitioner (hereinafter respondent), sought to build a footbridge across a waterway and a submerged portion of the property of Nancy R. Stansbury, petitioner/cross-respondent (hereinafter petitioner). It is argued that the existence of an easement by necessity was, and is, essential in order for respondent, and respondent’s predecessors, to reasonably access a portion of respondent’s property which is…