Donohue v. Bateman

This is an action that seeks declaratory relief in connection with a reservation of rights that originated in a deed from 1867.1 The parties agree that an actual case or controversy exists over the interpretation of a right vested in the plaintiff to “occupy” a portion of the land of the defendants, as the plaintiff contends that the right includes the parking of vehicles. The defendants contend otherwise.

This matter came on for trial before me, sitting without jury, on March 26, 2004. The parties submitted upon an agreed statement of facts and attachments thereto, along with 5 photographs of…