Laux v. Harrington
Annotate this CaseRobert Laux and Cynthia Moran-Laux (collectively Laux) appealed, and Ralph Harrington cross-appealed, from a judgment of the superior court declaring the continued existence and location of a road easement in favor of Harrington over Laux's property and awarding Harrington nominal damages for Laux's interference with the use of the easement. Laux asserted that a 1990 quitclaim deed given by Harrington's predecessor-in-title to Laux's predecessor-in-title extinguished the easement, or, alternatively, that construction on the site of its original entry point resulted in its abandonment. Harrington contended that the court erred in excluding certain evidence at trial, resulting in its miscalculation of his damages and failure to award punitive damages. The Supreme Court affirmed the judgment, holding, inter alia, that the superior court did not err in (1) finding that the 1990 quitclaim deed was not intended to release Harrington's easement over the land now owned by the Lauxes; (2) concluding that Harrington did not abandon his easement; (3) calculating damages; and (4) finding that Laux's conduct did not rise to the level of actual ill will or outrageousness required to award punitive damages.
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