Church of the Nativity, Inc. v. Whitener

Phipps, Judge.

This is a dispute over the ownership of an easement traversing a tract of land belonging to the Church of the Nativity, Inc. (“the Church”). The easement connects an adjacent roadway with another tract, owned by Michael and Glenda Whitener, that adjoins the Church’s property. The trial court ruled that the Whiteners have valid title to the easement and that the Church committed laches by failing to timely assert its claim to the land. The court entered an interlocutory injunction prohibiting the Church from obstructing the Whiteners’ use of the easement. The Church appeals,…