Dunellen, LLC v. Getty Properties Corp.

BOUDIN, Circuit Judge.

This appeal requires us to answer the question whether a pier in East Providence, Rhode Island, is — as to the parties in this dispute — to be considered real property (“realty”) and so subject to the law of easements or, because of an agreement by the parties’ predecessors-in-interest, is personal property (“personalty”). Based on a prior decision of the Rhode Island Supreme Court, we affirm the federal district court’s decision that the pier is personalty.

The history of the background transactions and relevant prior litigation is remarkably complex, but can be severely…