A review of the facts and written recital of the Decision of this Court should clear the air. Plaintiffs own property on the shore of Chautauqua Lake on both sides of an adjoining lake front reserved lot on which Defendants and other off shore property owners have constructed a dock.
Defendants have a perpetual right of passage for foot passengers.
Plaintiffs seek the removal of the dock, a declaratory judgment limiting the use of the right of way to foot passage only without right or privilege to maintain a dock at the end of the reserved lot. Defendants claim in their brief that they and other upland property owners have maintained a dock on the reserved lot for seventy years, but, there are no sworn statements to that effect. Defendants submitted photocopies of portions of different abstracts of title, but, there are no affidavits to identify connection to present owners. Defendants' affidavit in opposition to the order to show cause consists of a repetition of their answer that does not contain contentions that were included in defendants' brief. Plaintiffs papers do not specifically connect the tax map lot numbers to those on the allotment, nor did they furnish a tax map, deed or other proof indicating they have any interest in the reserved lot.