Horn v. Webb
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The Supreme Court affirmed in part and reversed in part the judgment of the circuit court in this property dispute, holding that the evidence did not support the judgment in connection with Kevin and Meredith Horn's claim of a prescriptive easement to dock a boat on James and Hong Webbs' property.
The Horns claimed a prescriptive easement to store small watercraft on the Webbs' land and further claimed a prescriptive easement to lock a boat on the Webbs' property. The Webbs brought this complaint alleging trespass and nuisance and seeking a declaratory judgment of their rights. The Horns counterclaimed that they had a prescriptive easement to both dock the boat and to store the watercraft. The circuit court ruled in favor of the Webbs and awarded them compensatory and punitive damages. The Supreme Court reversed in part, holding (1) the circuit court did not err in rejecting the Horns' claim of a prescriptive easement to store smaller watercraft; (2) the Horns established the existence of a prescriptive easement to dock a boat; and (3) nothing in the record established malice on the part of the Horns in filing their lawsuit, and therefore, the award of punitive damages was improper.
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