Warsaw v. Chicago Metallic Ceilings, Inc.

676 P. 2d 584 (1984)

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Nature of the Case

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Facts

P and D were adjoining neighbors. P erected a large commercial building. A 40-foot wide paved driveway was laid out along the northern edge of P's property to provide access to loading docks. D constructed a substantially smaller building which ran only about one-half the depth of the northerly parcel and left vacant a strip of ground about 150 feet wide along the side of the parcel which abutted P's property. P's 40-foot wide driveway was inadequate since the large trucks delivering to the loading dock could not turn and position themselves at these docks without traveling onto D's property. From 1972 until 1979 trucks and other vehicles servicing P's facility used a portion of the vacant ground on D's property to enter, turn, park and leave the area of P's loading dock. On two occasions during that period P sought, unsuccessfully, to acquire an easement from D. In 1979, D developed plans to construct a warehouse on the southerly portion of the property including that portion of the property being used by P. Initial grading effectively blocked P's use of the area and P commenced this action for injunctive and declaratory relief. The trial court denied a preliminary injunction and D proceeded to erect a building on the contested area. The trial court found that P had acquired a 25-foot wide prescriptive easement. D was ordered to remove that portion of the building which interfered with the described easement. D appealed; P’s use was permissive and not hostile, and it was inequitable to grant P a free easement while requiring D to relocate its building.