Granite Properties Limited Partnership v. Manns

Granite Properties Limited Partnership (Granite) (plaintiff) owned a large tract of property that included a shopping center, an apartment complex, and each building’s respective driveway. Granite sold to Larry and Ann Manns (defendants) a part of the tract that was in between the apartment building and the shopping center. The two driveways were each situated on the land conveyed to the Mannses, and the Mannses knew this when they bought the property. Both driveways were used by Granite for a number of years before it conveyed the land to the Mannses. The shopping center driveway (Driveway A) led to the back of the shopping center and was used for deliveries and trash removal. Granite testified that even though there was another small driveway that led to the back of the shopping center from another side of the property, use of Driveway A was necessary for the proper functioning of the shopping center because there was not enough room in the other driveway for large delivery trucks to turn around and exit. The other driveway in question, the apartment complex driveway (Driveway E), led to the parking lot of the apartment complex. Granite testified that there was no other feasible place to put the parking lot and that Driveway E was the only way residents could access the parking lot. After the Mannses bought the tract, they told Granite to stop using the driveways. Granite brought an action in the Madison County Circuit Court to enjoin the Mannses from interfering with Granite’s use of the driveways. The Madison County Circuit Court ruled against Granite with respect to Driveway A, but in favor of Granite with respect to Driveway E. The appellate court ruled in favor of Granite on both driveways. The Mannses appealed.