Logourl black
From our private database of 14,200+ case briefs...

Warsaw v. Chicago Metallic Ceilings, Inc.

Supreme Court of California
676 P. 2d 584 (1984)


Facts

Warsaw (plaintiff) and Chicago Metallic Ceilings, Inc. (CMC) (defendant) owned adjoining properties. Warsaw built a large commercial building on its land and included a 40-foot wide driveway for truck access to the building’s loading dock. CMC built a smaller building on its land and left vacant a 150-foot-wide strip next to Warsaw’s property. Warsaw’s 40-foot strip was too small to allow trucks to turn and back into the loading dock without accessing CMC’s strip. From 1972 to 1979, trucks and other vehicles that serviced Warsaw’s building used CMC’s strip to enter, turn, park, and exit Warsaw’s loading dock. Warsaw made at least two unsuccessful attempts to acquire an easement from CMC. In 1979, CMC developed plans to build a warehouse on its strip. CMC raised a pad of earth five feet from its property line, effectively blocking Warsaw’s use of the strip. Warsaw sought injunctive and declaratory relief. The trial court denied Warsaw’s request for a preliminary injunction, and CMC proceeded to construct a building on the strip. The trial court subsequently found that Warsaw had acquired a 25-foot-wide prescriptive easement over Chicago’s strip. The court ordered CMC to remove the portion of the building that interfered with the easement and reserved jurisdiction to award damages for CMC’s failure to comply. CMC appealed, claiming that: (1) there was no prescriptive easement, because Warsaw’s use was permissive and not hostile; (2) the court could not issue a mandatory injunction for a completed act; and (3) the court was overly harsh in granting Warsaw a free easement and also requiring CMC to relocate or reconstruct its building.

Rule of Law

Issue

Holding and Reasoning (Richardson, J.)

Concurrence (Grodin, J.)

Dissent (Reynoso, J.)

What to do next…

  1. 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.

  2. 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 251,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 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.