Wheelock v. Noonan

Noonan (defendant) obtained Wheelock's (plaintiff) oral, gratuitous permission to briefly store a few rocks on Wheelock's vacant lots until the following spring, but instead piled huge quantities of rock, some ten to eighteen feet high, well beyond the scope of that permission. When Wheelock demanded removal after the permitted period, Noonan agreed but repeatedly failed to comply, and Wheelock sued; the trial court found Noonan a trespasser and ordered removal by a set date, and Noonan appealed, arguing equity was inappropriate because an adequate legal remedy existed.

Whether equitable remedies are available for a continuing trespass when any remedy at law would require the plaintiff to bring multiple successive lawsuits.