Gianfrancesco v. A.R. Bilodeau, Inc.
Annotate this CasePlaintiff and Defendants in this action were business owners with abutting properties. The disputed property in this case was a diagonal path through Plaintiff’s driveway to the business located on Defendants’ premises, which was regularly traveled by large delivery trucks. In 2013, Plaintiff filed a complaint against Defendants, seeking, among other relief, injunctive relief enjoining Defendants from trespassing onto, interfering with, obstructing, or blocking Plaintiff’s business. Defendants counterclaimed for trespass and also sought injunctive relief. The hearing justice granted Plaintiff’s request for preliminary injunctive relief, denied Defendants’ request for injunctive relief, and declared that Plaintiff owned and had the right to use and control the property in question. The Supreme Court affirmed, holding that the hearing justice did not abuse his discretion in finding that Plaintiff stood to suffer irreparable harm if relief were not granted and in therefore granting Plaintiff’s request for preliminary injunctive relief.
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