Barr v. Algon Realty Corp.

Shorn of all collateral matter, the ultimate object of these actions, which were tried together, is to restrict the development of Manhattan Beach, Brooklyn, N. Y., to a private home community, by preventing any contemplated multiple dwelling or apartment house from using the present sewer system.

The plaintiffs’ right to relief is predicated upon the premise that the sewer system in Manhattan Beach must be exclusively used by private dwellings by reason of an easement in the entire system, which was given to each property owner in his deed burdened only with similar easements in every other…