Biggs Feed and Grain, Inc. v. City of Waverly

In an action seeking to quiet title, appellant, Biggs Feed and Grain, Inc. (plaintiff), appeals that part of the trial court’s order granting appellee, City of Waverly, a municipal corporation (defendant City), summary judgment as to certain easements obtained by prescription.

The tracts claimed by defendant City are: a portion of Pierson Street; a portion of Dane Street; and a portion of Water Street transgressing the southeastern corner of plaintiff’s property. The trial court’s judgment recites plaintiff relinquished its claim to the portion of Pierson Street at trial and no issue is raised…