Read's Landscape Construction, Inc. v. The Town of West Warwick

Syllabus

The defendant, 4N Properties, LLC, appealed from a partial Superior Court judgment and order granting injunctive relief in favor of the plaintiff, Read's Landscape Construction, Inc. The plaintiff prevailed on its claim that the warranty deed that conveyed property to the plaintiff established a right of way in and to a forty-foot right of way, known as Nunes Lane, in favor of the plaintiff. The plaintiff also prevailed on its claim for injunctive relief, and the defendant was enjoined from interfering with the plaintiff's use of Nunes Lane. On appeal, the defendant asserted that the trial justice erred (1) in granting summary judgment due to the existence of a number of disputed material facts and (2) in granting a permanent mandatory injunction due to RLC's failure to establish irreparable harm and great urgency. The Supreme Court concluded that—based on the clear and unambiguous language in the warranty deed—the plaintiff acquired an easement appurtenant over Nunes Lane. The Supreme Court also concluded that the Superior Court properly granted a mandatory permanent injunction ordering the defendant to cease blocking the plaintiff's access to its property from Nunes Lane and to remove all impediments that blocked the plaintiff's access. Accordingly, the Supreme Court affirmed the judgment and the order of the Superior Court.