Testa's, Inc. v. CoopersmithAnnotate this Case
Testa’s, Inc. and Jack and Sherri Coopersmith owned property on the westerly side of Main Street in Bar Harbor. The Coopersmiths owned two contiguous parcels that abutted Testa’s parking lot. In 1978, Testa’s granted the Coopersmiths predecessors-in-title an appurtenant easement over its property. In 2010, Testa’s sued the Coopersmiths seeking a declaratory judgment that the Coopersmiths did not have a right of way over its property. The trial court found that the 1978 agreement was enforceable and created an easement and, alternatively, that the Coopersmiths had a prescriptive easement over Testa’s property. The Supreme Court affirmed without reaching the parties’ prescriptive-easement arguments, holding that the trial court properly concluded that the 1978 agreement was enforceable against Testa’s and granted an appurtenant easement.