Wilson v. DeGenaro

The plaintiffs brought this cause of action seeking, inter alia, a permanent injunction against the defendant and damages claimed to have been caused by the defendant in widening a right-of-way through their property. The parties agreed that the sole issue submitted to the court at the time of trial was “the width of the right-of-way or drift-way.”

The properties owned by the parties are located on an island known as Palmer’s Island. The so-called right-of-way or driftway connects the island with the mainland over a tidal marsh area which at one time was made of oyster shells and debris. It is…