Gilbert v. Fine

Ruffin, Judge.

Dennis Fine, Christina Fine, and George Patronis (collectively, the “plaintiffs”) filed this action against Thomas Gilbert, Marilyn Gilbert, and Albert Remler (collectively, the “defendants”), seeking ejectment and a declaratory judgment, contesting the validity of a purported perpetual easement on the plaintiffs’ property created by a previous owner.1 The defendants counterclaimed, asserting claims for trespass and intentional interference with the use and enjoyment *21of their property. On cross-motions for summary judgment, the trial court granted summary judgment to the…