Brodhurst v. Frazier

OPINION OF THE COURT

(September 12, 2012)

Hodge, Chief Justice.

Appellant Rena Brodhurst appeals from the Superior Court’s December 22, 2010 Order,1 which entered summary judgment in favor of Appellee Jeffrey Frazier on his petition for declaratory judgment. For the reasons that follow, we reverse the grant of summary judgment and remand the matter to the Superior Court for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

Frazier filed a petition for declaratory judgment in the Superior Court on September 1, 2006. In his petition, Frazier stated that he had purchased Plot No. 119 Vista…