Clickner v. Magothy River Ass'n

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• presuming permission for public use of a beach on a privately-owned island
• “[W]e give due regard to the trial court’s role as fact-finder and will not set aside factual findings unless they are clearly erroneous.” (Citations omitted)
• “The visibility of the use is one rationale which guided the common-law development of the woodlands exception.” (Citation omitted)
• “When an easement is claimed on land that is unimproved or in a general state of nature, there is a legal presumption that the use is by permission of the owner.”
• “In the United States with its great land areas[,] courts affirm that harmless trespasses should not be discouraged and that it would be unfair to penalize the generous owner.” (alteration omitted) (quotation marks omitted)
• “Questions of law . . . require our non-deferential review.”

Source: CourtListener parenthetical corpus (CC0).