Harris v. Ski Park Farms, Inc.

Ski Park Farms, Inc. appeals from the trial court's ruling on cross motions for summary judgment 1 that the title to land consisting of an abandoned railroad right of way should be quieted in Mary E. Harris. The issue is whether the owners of property, over which an abandoned railroad right of way existed, relinquished their interest in the property underlying the right of way by a conveyance which excepted the right of way. We hold that by excepting the right of way from the conveyance, the owners retained their interest in the property underlying the right of way and we reverse the trial…