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Cox v. Glenbrook Co.

Supreme Court of Nevada
371 P.2d 647 (Nev. 1962)


Facts

The Glenbrook Company (Glenbrook) (plaintiff) operates a resort and golf course in Nevada. Henry Quill owned property next to the golf course, but there was no access to the Quill property other than through the Glenbrook property on one of two roads. The road primarily used (back road) had only enough room for one car to pass through at a time. Glenbrook granted an easement in writing (Quill Easement) “over the roads of [Glenbrook] as now located” to Quill, “his heirs and assigns forever.” When Quill died, Kenneth Johnson bought his property and Johnson eventually sold the property to Cox and Detrick (Cox) (defendants). Cox proposed to divide the property into smaller parcels in order to develop the property into a residential area. Cox also proposed widening the back road and possibly allowing future residents of his development to use it. Glenbrook and Cox each sought a declaratory judgment on the scope and extent of the Quill Easement. The lower court determined that the easement is restricted to use of the back road as presently constructed by a single family.

Rule of Law

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Issue

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Holding and Reasoning (Thompson, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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