Evers v. Department of Agriculture & Consumer Services, Division of Forestry

MICKLE, Judge.

This is an appeal from a partial summary judgment and final judgment entered in favor of appellee in an action for declaratory judgment. Concluding that summary judgment was entered prematurely in this cause, we reverse and remand.

In February 1992, appellee filed an action in circuit court requesting a declaratory judgment. Appellee alleged that it was the lessee of certain property known as the Blackwater River State Forest pursuant to a 99-year lease entered into with the Board of Trustees of the Internal Improvement Fund dated November 1968, and that a survey taken in 1984…