Murphy v. EAPWJP, LLCAnnotate this Case
The named defendant, EAPWJP, LLC (EAP) appealed from the judgment of the appellate court affirming the judgment of the trial court granting the plaintiffs and the defendants-cross claimants a prescriptive easement over a pathway crossing property owned by EAP that the plaintiffs and the defendants-cross claimants had used for many years to access a nearby beach. The pathway traversed protected tidal wetlands and was covered in part by a wooden walkway installed without appropriate permits. The Supreme Court granted certification to appeal to ask whether the appellate court properly concluded that construction and use of a walkway deemed to be a per se public nuisance could establish a prescriptive easement over the underlying tidal wetlands. The Court dismissed the appeal as improvidently granted, concluding that the issue raised by the certified question went beyond the scope of the record below, and therefore, the issue was not properly preserved.