Penn Bowling Recreation Center, Inc. v. Hot Shoppes, Inc.
179 F.2d 64 (1949)
Nature of the Case
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Facts
In 1938, the servient tenant conveyed a portion of its real property to Hot Shoppes (D) for a right of way of ingress and egress to D's land. When the dominant estate came into ownership by Penn Bowling (P), D in 1948 erected iron posts and concrete blocks that interfered with full enjoyment of the easement by P. P sued D. D filed a motion for declaratory judgment declaring that the right of way had been permanently forfeited and extinguished by abandonment. D's motion for summary judgment was granted, and P appealed.
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