Asa S. Davis, III v. Town of Exeter

Syllabus

The plaintiff, Asa S. Davis, III, appealed from a Superior Court judgment in favor of the defendants following the grant of the Town of Exeter's motion for summary judgment in accordance with Rule 56 of the Superior Court Rules of Civil Procedure. The plaintiff sought a declaratory judgment that Estate Drive is a public road that extends to his property line, while additionally seeking injunctive relief. On appeal, the plaintiff asserted that the trial justice erred in ruling that the disputed land was a paper street and in finding that he had failed to exhaust his administrative remedies.<br><br>The Supreme Court concluded that the trial justice did not err in granting the motion. The Supreme Court held that the trial justice was correct in determining that the disputed land was a paper street, not a public roadway, and that plaintiff failed to exhaust his administrative remedies by neglecting to apply for the necessary permits. <br><br>Accordingly, the Supreme Court affirmed the judgment of the Superior Court.<br>