Nature of the Case
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Facts
Shady Shore is divided into 27 lots, 25 of which have a 50-foot front on the beach and extend back to a public highway 550-600 feet. P are owners of several of the lots which they have improved and on which they have built expensive homes. D acquired title to lots 4, 5, and 6 and proceeded to subdivide them into 26 small lots. D's subdivision shows a 14-foot cement roadway extending from the beach to the main highway. Some of the lots have been sold with breach privileges to all owners. P asked D to stop his violation of the restrictions contained in the deeds. D refused, and P got an injunction. The trial court found that the increased burden resulted in an unreasonable use of the easement in question.
Holding and Decision
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Legal Analysis
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