Leabo v. Leninski

This appeal is from an action brought by the plaintiffs seeking to quiet title and to enjoin the defendant from opening a beach for public use, and for damages. After the issues were found for the plaintiffs the defendant appealed.

On the appeal, the defendant maintains that the court erred (1) in the criteria it applied in determining the plaintiffs’ easement rights; (2) in finding irreparable injury; (3) in concluding that the policy of public access to beaches did not affect the rights and duties of the parties; and (4) in concluding that the defendant acted with malice.

The following facts…