Stoney Creek Resort, Inc. v. Newman

The primary issue that we consider in this appeal is whether a lot owner in a subdivision acquired an easement for the use of a lake and recreational facilities.

M.D. Newman, Phyllis P. Newman, and other lot owners in Senger’s Mountain Lake Subdivision filed a suit to establish an easement to use a lake and recreational facilities owned by Stoney Creek Resort, Inc. and to enjoin Stoney Creek from prohibiting their use of the lake and facilities. The chancellor viewed the property, considered evidence, memoranda, and argument of counsel, and concluded that Stoney Creek’s predecessor in title…