Tower Development Partners v. Zell

MARTIN, MARK D., Judge.

This suit involves a dispute over several easements claimed to burden plaintiff’s land in southwest Durham County. Plaintiff contends the easements were either void ab initio or were later extinguished, while defendants contend the easements were validly created and continue to burden plaintiff’s land. Plaintiff brought this action for a declaratory judgment as to the existence and validity of the easements.

The questions presented for review are whether the trial court erred by granting defendants’ motion for summary judgment and by denying plaintiff’s motion for…