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VANDELEIGH INDUSTRIES v. STORAGE PARTNERS

No. 373,2005.

901 A.2d 91 (2006)

VANDELEIGH INDUSTRIES, LLC a Delaware Limited Liability Company, Plaintiff Below Appellant, v. STORAGE PARTNERS OF KIRKWOOD, LLC a Delaware Limited Liability Company and United Stor-All Centers, LLC a Delaware Limited Liability Company, Defendants Below Appellees.

Supreme Court of Delaware.

Decided: June 2, 2006.

Attorney(s) appearing for the Case

Thomas C. Marconi, Losco & Marconi, P.A., Wilmington, DE, for appellant.

Michael F. Bonkowski (argued) and David J. Falcone, Saul Ewing, L.L.P., Wilmington, DE, for appellees.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, constituting the court en banc.

STEELE, Chief Justice:

In 2002, the defendant-appellee, Storage Partners, began construction of several improvements in an area on its own property that was subject to an easement for ingress and egress in favor of the adjoining property owner, Vandeleigh Industries, the plaintiff-appellant. Vandeleigh was not currently using the easement, nor did it have plans to do so in the future. Upon determining that Storage Partners...

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