Hayes v. Aquia Marina, Inc.
Supreme Court of Virginia
414 S.E.2d 820 (1992)
Aquia Marina (defendant), a small commercial marina, held a right-of-way easement over Hayes’s (plaintiff) property. The “private roadway” described in the deed was an extension of a highway and served as a means of egress and ingress to the marina. The marina, in operation since 1964, had eighty-four boat slips, a public boat launch, and a gas dock. In 1989, the marina was granted permission to expand to 280 boat slips. As part of that expansion, the marina also wanted to pave the roadway. Hayes sought to enjoin the expansion on the grounds that it would overburden the easement across his land. The trial court determined that there was never a traffic problem with the easement, that the proposed expansion would not create such a problem, that the nature of the marina’s activities would not change as a result of the expansion, that the easement could be used for commercial purposes, and that paving the road was a reasonable and proper improvement to the right of way. The court held, therefore, that the expansion could not be enjoined. Hayes appealed.
Rule of Law
Holding and Reasoning (Stephenson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.