Burgess-Blanchard v. Sciacca

| ¶ KIRBY, Judge.

This is an action for a permanent injunction against defendant’s interference with the plaintiffs alleged right to use an alley that was designated as separate from the other three lots in the act of subdivision. Plaintiffs appeal the judgment of the trial court that granted defendant the right to use the alley. On appeal we find that the trial court erred in not giving meaning to the term common alley found in the act of subdivision of the property. Therefore, we reverse.

STATEMENT OF THE FACTS

Three properties in a subdivision abut a common alley. In 1999 one of the three…