Ben Snyder, Inc. v. Phoenix Amusement Co.

Opinion of the Court by

Judge Latimer

Affirming-

Appellant, Ben Snyder, Incorporated, instituted, this action under the provisions of the Declaratory Judgment Act alleging that it owns and has the exclusive-right to the use of a vacant, unimproved strip of land about 5 feet wide and 52 feet long adjoining the property owned by appellee, Phoenix Amusement Company.

Appellee, by answer, denied that appellant had any right to prohibit the use of the strip for the purpose-of ingress and egress to and from its building adjoining-the strip of land, and pleaded affirmatively that it had “openly,…