Park Place Boat Dock Association, Inc. Et Al. v. Gary Phillips Construction, LLC Et AL.

This appeal concerns easement rights. The Park Place Community Association, Inc. (“the PPCA”) and the Park Place Boat Dock Association, Inc. (“the PPBDA”) (“Plaintiffs,” collectively) filed suit in the Chancery Court for Washington County (“the Trial Court”) against Gary Phillips Construction, LLC and Gary Phillips (“Phillips”). Plaintiffs sought access to a certain boat dock and sun deck on Boone Lake over a strip of land previously owned by the community’s developer that Phillips bought at a bankruptcy auction. After a trial, the Trial Court found Plaintiffs had proven the elements of an easement by implication and an easement by necessity over the property at issue. Phillips appeals raising a number of issues, including whether Plaintiffs have standing. We find, inter alia, that Plaintiffs have standing to bring this action. We further find that lake access has been, and is, essential for Plaintiffs’ use and beneficial enjoyment of Park Place, in some instances representing the exclusive reason why people bought their homes in the community. Plaintiffs have proven the elements of an easement by implication and an easement by necessity. We affirm the judgment of the Trial Court in all respects.