PIZZARELLE v. DEMPSEY

Record No. 990787.

526 S.E.2d 260 (2000)

259 Va. 521

James W. PIZZARELLE, et al. v. William H. DEMPSEY, III, et al.

Supreme Court of Virginia.

March 3, 2000.


Attorney(s) appearing for the Case

Stephen K. Christenson (Kevin R. Hildebeidel, on briefs), Fairfax, for appellants.

William H. Dempsey, Washington, DC (Thomas E. Dempsey; Vergara & Associates, Hopewell, Shea & Gardner, Washington, DC, on brief), for appellees.

Present: CARRICO, C.J., COMPTON, LACY, HASSELL, KEENAN, KOONTZ, and KINSER, JJ.


KINSER, Justice.

In this appeal, we address two questions: (1) whether an easement has been partially abandoned, and (2) if not, whether an encroachment on the easement is too insubstantial to warrant injunctive relief. Because we answer both of these questions in the negative, we will reverse the judgment of the circuit court denying injunctive relief to the dominant owners of the easement.

FACTS AND PROCEEDINGS

The easement at issue in this appeal...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases