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LEE v. ZOM CLARENDON, L.P.

Civil Action No. 1:09cv402.

665 F.Supp.2d 603 (2009)

Sun Yung LEE, Plaintiff, v. ZOM CLARENDON, L.P., Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

Order on Motion to Alter Judgment November 20, 2009.

Attorney(s) appearing for the Case

Mark D. Cummings, Sher Cummings & Ellis, Arlington, VA, for Plaintiff.

Eugene Andrew Burcher, John Edward Rinaldi, Walsh Colucci Lubeley Emrich & Walsh PC, Prince William, VA, Gordon Evan Pritchard, Walsh Colucci Lubeley Emrich & Walsh PC, Arlington, VA, for Defendant.

MEMORANDUM OPINION

T. S. ELLIS, III, District Judge.

At issue on cross-motions for summary judgment in this diversity dispute is the existence of an easement. More specifically, plaintiff, the proponent of the disputed easement, argues for the existence of the easement by relying on three alternative theories: (1) an express easement; (2) an easement by implication; or (3) an easement by prescription. Defendant counters that all three theories fail...

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