Michael R. McElroy v. Marilyn O. Stephens

Summary

The Rhode Island Supreme Court affirmed the Superior Court’s judgment that the McElroys hold both an express easement appurtenant and an implied easement to access Seaweed Beach over the Stephens property. The Court rejected the defendants’ arguments that the trial justice erred on the existence of the easements, the admission of the 1986 purchase agreement, and the denial of a Rule 59(e) motion. The decision also remanded the case to the Superior Court for further proceedings.