Merritt v. Nickelson

Blair Moody, Jr., J.

(concurring in the result). I concur with the result reached by Justice Kavanagh. This matter should be remanded to the *555trial court to permit plaintiff to present evidence of defendant Marie Ledford’s involvement and participation in the establishment and operation of the drag strip. I write separately to delineate certain classic principles of real property law which are applicable to this case and to outline certain essential elements which should be considered on remand.

I

This case presents a unique, hybrid situation. We are asked to determine the effect of tortious…