This section contains the nature of the case and procedural background.

P is the owner of a parcel of land located in a project being developed for commercial and residential purposes by D. The project is designed as a 'fly-in' development with airport, runway, and hangar facilities for residents who commute to and from their homes by means of small aircraft. P wishes to operate a flight school and seeks an easement of necessity over D's property for aircraft access to the runway and airport facilities. P's tract is adjacent to a highway providing access by motor vehicle. It is also adjacent to a small taxiway leading to the main runway of the development. By deed restrictions and covenants, use of that taxiway is limited to owners of abutting residential properties. In another action, P has been enjoined from utilizing that taxiway. The court ruled for D and P appealed.

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