Tumacacori Mission Land Development, Ltd. v. Union Pacific Railroad

OPINION

ESPINOSA, Judge.

¶ 1 In this action to quiet title to an alleged prescriptive easement, plaintiff/appellant Tu-macacori Mission Land Development, Ltd. (TMLD) appeals from the trial court’s grant of summary judgment in favor of defendant/appellee Union Pacific Railroad Co. (Union Pacific) on the ground a private party may not acquire a prescriptive easement over a railway. For the following reasons, we affirm.

Factual Background and Procedural History

¶ 2 “In reviewing the trial court’s grant of a motion for summary judgment, we state the facts in the light most favorable to the parity]…