Piney Meeting House Invs., Inc. v. Hart
Annotate this CaseFred and Mary Ann Hart filed a complaint against Piney Meeting House Investments (PMH), alleging that PMH placed various obstructions in the Harts' easement area on PMH's property that interfered with the Harts' full use and enjoyment of the easement. A commissioner in chancery enjoined PMH from maintaining several encroachments but found that a well and a propane tank could remain underground. The Harts filed exceptions to the commissioner's report and argued that they were entitled to their attorney's fees. The circuit court sustained the Harts' exceptions and found that the Harts were entitled to recover their attorney's fees and costs from PMH. The Supreme Court (1) reversed the circuit court insofar as it sustained the Harts' exceptions regarding the buried propane tank and well; (2) affirmed the circuit court in its award of costs to the Harts; and (3) reversed the circuit court in its award of attorney's fees to the Harts. Remanded.
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