Butterfly Realty v. James Romanella & Sons, Inc.

GOLDBERG, J.,

with whom SUTTELL, C.J., joins, dissenting.

Because I believe that there was sufficient evidence to show the plaintiffs’ hostile use of the disputed area, and that no evidence was presented to support the trial justice’s finding of implied permission to defeat such hostile use in this case, I respectfully dissent.

The discord in this case finds its genesis in the fact that on August 8, 1985, Albert Romanella conveyed a large commercial building that encroaches upon — and which has a loading dock that cannot be accessed without traversing upon — JR & Sons’s property. To gain access…