EDGELL v. DIVVER


402 A.2d 395 (1979)

Robert L. EDGELL and David A. Shevock, Plaintiffs, v. Anne O'Toole DIVVER and Paul Divver, her husband, George E. O'Toole, Anne O'Toole Page, Mary O'Toole Etchells, Thomas P. Roddy and Mary W. Roddy, and W. Byrd Smith, Defendants.

Court of Chancery of Delaware, Sussex County.

Decided May 14, 1979.


Attorney(s) appearing for the Case

Larry W. Fifer, of Schmittinger & Rodriguez, P. A., Dover, for plaintiffs.

John A. Sergovic, Jr., of Tunnell & Raysor, Georgetown, for defendants.


HARTNETT, Vice Chancellor.

This action concerns private driveway easements in Dewey Beach, Sussex County. The easements cross the lands of the plaintiffs and give defendants (Divver) access to their adjacent lands. Plaintiffs seek to have this Court extinguish these easements or compel their relocation. Both parties seek summary judgment on the stipulated facts. A review of the record shows that plaintiffs have failed to...

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