Dent v. Lovejoy

Opinion

WEST, J.

The plaintiff, Stephen G. Dent, appeals from the judgment of the trial court, rendered after a trial to the court, denying his request for a declaratory judgment, injunctive relief and damages resulting from the presence of a European birch tree within the boundaries of a view easement. On appeal, the plaintiff claims that the court improperly construed the language in his deed as exempting from the view easement those trees and shrubs planted before March 1, 1956. The substitute defendants, Allen P. Lovejoy, Charles F. Lovejoy and Jennifer L. Craddock, cross appeal from that…