Bauchner representing Morristown businessman in effort to enforce easement

Posted on January 9th, 2017

Ansell Grimm & Aaron partner Joshua S. Bauchner is representing Morristown business owner James Cavanaugh in his dispute with the town’s Parking Authority over the use of an easement behind his South Street buildings.

Cavanaugh is asserting the historic right to continued and appropriate use of the right of way as the means of loading and unloading for businesses on South Street. Thus far, attempts to have the Parking Authority institute proper controls on the use of the right of way by the neighboring residential building have been unsuccessful.

Problems arose when the Parking Authority granted easement rights to new residential and commercial establishments resulting in overburdening which effectively precluded Cavanaugh’s use.  In the face of indifference on the part of the Parking Authority, the entity tasked with ensuring fair and equitable use of the easement, Cavanaugh was left with no choice but to litigate.

The dispute recently was featured in the Morristown Daily Record, available here:

http://www.dailyrecord.com/story/news/local/morris-county/2017/01/06/iron-bar-owner-morristown-parking-clash-over-back-alley-use/96241970/

Ansell Grimm & Aaron attorneys regularly represent clients in enforcing their property rights against public and private incursion.   For additional information, please contact Joshua S. Bauchner, Esq. (jb@ansellgrimm.com) or Anthony D’Artiglio, Esq. (ajd@ansellgrimm.com) at (973) 247-9000.