Rivas & Rivas, Inc. v. River Road Swimming Club

Short, Vice Chancellor:

In this action plaintiffs seek an injunction restraining defendant from obstructing and interfering with plaintiffs’ alleged rights to use a portion of a certain street for roadway purposes. They also seek a mandatory injunction requiring defendant to remove certain obstructions from the bed of said street. The theory of plaintiffs cause of action is twofold: (1) That plaintiffs, by express grant, have an easement “of way, use and privilege” of all streets and avenues in the development known as “Gordon Heights”, and (2) that all streets and avenues in Gordon Heights…