Fenix v. Contos

The plaintiff seeks a permanent injunction in chancery to restrain defendants from obstructing a right-of-way owned by the plaintiff in common with the defendants and other persons. After hearing and finding of fact, the court entered a mandatory injunction order and the defendants appealed.

The findings show the following facts. On January 20, 1964, the plaintiff acquired a rectangular parcel of land easterly of and adjacent to the rear of the buildings which house the so-called Lotus and Wishbone Restaurants in the City of Burlington. The deed to the plaintiff also included a right-of-way to…