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Penn Bowling Recreation Center v. Hot Shoppes, Inc.

United States Court of Appeals for the District of Columbia
179 F.2d 64 (1949)


Facts

In 1938, Norment Estate transferred a portion of its property to Hot Shoppes, Inc. (defendant). In doing so, it created an easement for a right of way over the land acquired by Hot Shoppes, to benefit Norment’s remaining land. In 1940, Penn Bowling Recreation Center (plaintiff) purchased Norment’s remaining land. Penn Bowling also purchased an adjoining plot of land, to add a restaurant to the bowling alley it intended to open. Penn Bowling then proceeded to use the easement as a parking lot, and also used it to make deliveries to the restaurant on the adjacent land. Hot Shoppes then constructed a barrier to the easement, claiming that Penn Bowling’s use was beyond the scope of the easement. Penn Bowling then brought this suit. The district court granted Hot Shoppes’ motion for summary judgment. Penn Bowling then appealed to the United States Court of Appeals for the District of Columbia.

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Issue

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Holding and Reasoning (McAllister, C.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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