Hillary Corp. v. United States Cold Storage, Inc.

The appellant, The Hillary Corporation (Hillary), brought this action seeking a declaratory judgment that it possesses an implied easement for railway access across the property of the appellee, United States Cold Storage, Inc. (U.S. Cold). Hillary also sought an injunction to prevent U.S. Cold from interfering with Hillary’s use of the alleged easement. Hillary’s claim for damages was reserved for trial at a later date.

The district court for Douglas County found that Hillary’s predecessor in interest formerly possessed an implied easement for railway access across U.S. Cold’s property.…