Chaput v. Clarke

This appeal arises from the plaintiffs’ action seeking an injunction barring the defendant from closing, obstructing, or interfering with the plaintiffs’ use of a right-of-way that crosses the defendant’s land. The trial court granted the injunction and awarded nominal damages to the plaintiffs. The defendant raises two issues on appeal: (1) whether the town of Scotland created an easement or right-of-way when it voted to close old Khourie Road on July 10,1947, and (2), if such an easement or right-of-way was created, whether the deed conveying the plaintiffs’ property to them was sufficient…