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Strozzo v. Coffee Bluff Marina Property

Mere nonuse of an express easement does not constitute abandonment.

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Rosso Corsa Enterprises, Inc., grantee under a Trustee’s Deed after foreclosure, filed this quia timet petition under OCGA § 23-3-60 to establish itself as the fee simple title holder to real property commonly known as Coffee Bluff Marina, fronting on the Forrest River in Chatham County, Georgia. Tony Strozzo and other property owners in the so-called Town of Rosedew asserted an express easement and also claimed a general right of way, alleging the land had been dedicated and accepted as a public park. The Coffee Bluff Marine Rescue Squadron of America, No. 2A MRS also responded, claiming a prescriptive easement to a portion of the property.

The case was referred to a special master, who considered cross-motions for summary judgment and recommended that summary judgment be granted to Rosso Corsa as against the residents because as property owners they abandoned any express easement and as members of the public at large they acquired no easement. The special master further recommended that fee simple title to the entire property be established in Rosso Corsa but subject to a prescriptive easement in favor of MRS to access, use, and maintain improvements it made which exceeded the scope of the original permissive use granted to it by Mrs. Falligant, Rosso Corsa’s predecessor in title. The trial court adopted the special master’s report and entered summary judgment in accordance with its recommendations. In Case Number A01A0334, the residents appeal the grant of summary judgment in favor of Rosso Corsa, and in Case Number A01A0335, Rosso Corsa appeals the grant of summary judgment establishing a prescriptive easement in favor of the MRS.1

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