McCormick v. LaChance
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Appellees in McCormick v. LaChance (McCormick I) brought a motion for reconsideration, seeking reconsideration of a portion of the Supreme Court's opinion in McCormick I. In McCormick I, Appellant appealed the judgment of the superior court granting Appellees summary judgment in an action regarding location of an easement. The Supreme Court affirmed. In the instant action, Appellees contended that because the only issue presented for decision in McCormick I was whether the prior owner of Appellant's land could, by deed referencing a plan, relocate an easement on the face of the earth, the Court should not have addressed an issue of whether actions that Appellant had taken on the face of the earth could have accomplished a relocation of a previously existing easement benefiting Appellees. The Supreme Court granted the motion for reconsideration and revised its opinion, concluding that in addressing Appellant's attempts to relocate the easement by his actions on the ground after receipt of the deed, the Court misapprehended the issues and addressed matters not presented to the trial court in the summary judgment proceeding and, thus, not properly preserved and presented to the Court for consideration on appeal.
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