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Judge schedules bench-trial review after argument in McCracken easement dispute
Summary
Parties in McCracken v. Lakeside Boat Storage argued over an alleged obstruction and modification of an easement; the judge set discovery deadlines and ordered parties to be ready for a bench trial and site visit in January.
Attorneys in McCracken v. Lakeside Boat Storage returned to court Dec. 10 for argument over alleged interference with an easement and claimed damages. Plaintiff counsel said the defendant altered ground and created a competing access that rendered the original easement unusable; defense counsel said the roadway made access easier and disputed claimed damages.
The motion for partial summary judgment remains pending; because the dispute involves factual questions about the state of the property, the judge proposed a short bench trial combined with an on-site inspection so the court could see the actual conditions before ruling. The judge set discovery deadlines (materials to be exchanged before Jan. 8) and directed the parties to be prepared to set a January trial date and produce estimates if damages are claimed. If summary judgment is dispositive, counsel were to notify the court; otherwise a bench trial and site visit were to be scheduled early in the new year.
The judge emphasized that weather and access logistics could affect timing and encouraged counsel to coordinate early for a site inspection.
