Kirby v. Town of Claremont

This appeal involves a dispute over the use of a road constructed on an easement granted to the Town of Claremont. Ann K. Kirby, successor to the easement’s grantor, primarily asserts that the trial court erred in ruling that (1) pursuant to Code § 33.1-151, a public necessity exists for continuance of the road and that the welfare of the public would not be served best by abandonment of the road; (2) Kirby failed to prove that the Town violated the terms set forth in the Deed of Easement; (3) a reversion of the easement could not occur absent an abandonment of the road pursuant to Code §…