Flora Dolnikov V. Dikran Ekizian

Flora Dolnikov v. Dikran Ekizian, et al: In this case, Flora Dolnikov, an owner of dominant tenement sought damages for interference with her easement, injunctive relief, and a declaration of the parties’ rights and duties under the easement. The servient tenement owner cross-complained seeking damages for, among other things, trespass, negligence, and nuisance. When Superior Court Judge Robert L. Hess entered judgment on jury verdict in favor of Flora Dolnikov was awarded, among other things, $713,927.96 in damages and interest.

The Court of Appeals upheld Judge Hess’ ruling on grounds that Mr. McGonigle had successfully demonstrated at oral argument: (1) his client was entitled to build a retaining wall in furtherance of her rights and her full enjoyment of the easement and (2) the servient tenement owners’ refusal to sign documents constituted an unreasonable interference with Flora’s use and enjoyment of the easement.