S.D. Warren v. Vernon

“Defendant Michael Vernon appeals from the judgment entered in the Superior Court (Somerset County, Alexander, J.) in favor of plaintiff S.D. Warren Co. (Warren). The court held that Warren had acquired a private prescriptive easement across defendant’s land, and that a public easement also exists. Vernon contends that Warren failed to prove the required elements for either easement. Warren cross-appeals, asserting that the court erred by determining that its easement does not include the right to transport herbicides. We affirm that portion of the judgment finding a private easement, but vacate the remainder.

SD Warren 697A2D1280