Appletree Mall Associates, LLC v. Ravenna Investment Associates
Annotate this CaseRespondents Ravenna Investment Associates and its successor-in-interest, Access Road, LLC (collectively referred to as Ravenna), appealed a superior court order following a bench trial which granted a petition for injunctive and declaratory relief filed by Petitioner Appletree Mall Associates, LLC (Appletree), ordering Ravenna to restore two fifteen-foot drainage easements allowing water to discharge from Appletree’s site to Route 102 in Londonderry. Appletree sought a declaration that, as owner of 'Lot 2,' it was entitled to drainage easements over Lots 6, 7 and 10, and an order requiring Ravenna to remove any obstructions to those easements. In its order, the trial court found that Ravenna’s development of Lots 6, 7 and 10 unreasonably interfered with Appletree’s alleged drainage easements. Specifically, the court found that Ravenna impermissibly relocated the easements unilaterally by routing the water over a different part of its land, instead of within the bounds of Appletree’s easements. Under all of these circumstances, the Supreme Court concluded in its review of the matter that the plain language of Appletree's 1984 deed, together with the circumstances surrounding it, did not express an affirmative intent to create new drainage easements on Lots 7 and 10 for the benefit of Lot 2. The Court reversed the trial court's decision and remanded the case for further proceedings.
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