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Millbrook Hunt, Inc. v. Smith

Supreme Court of New York, Appellate Division
670 N.Y.S.2d 907 (1998)


Edgar O. Smith (defendant) owns a 285-acre tract of land. Smith’s predecessor in interest entered an agreement with Millbrook Hunt, Inc. (the Hunt) (plaintiff), an organization promoting the preservation and perpetuation of fox hunting. The agreement granted the Hunt the right to use the land for fox hunting for a term of 75 years. It also allowed the owner of the land the absolute right to develop the land and redirect the hunting paths. But upon acquiring the property, Smith, who objected to fox hunting, ejected members of the Hunt from performing maintenance on the fox hunting trails. The Hunt brought suit seeking a declaration that it possessed an easement over Smith’s property and an injunction preventing Smith from interfering with the Hunt’s use of the easement. Smith argued that the Hunt possessed a revocable license rather than an easement. The Supreme Court entered judgment in favor of Smith.

Rule of Law


Holding and Reasoning (Per curiam)

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