Smith v. County of Durham

ERVIN, Judge.

Plaintiffs Robert Edwards; his wife, Mishew Smith; and Ms. Smith’s brother, Alton Smith, appeal from an order denying Plaintiffs’ motion for summary judgment and granting in part and denying in part Defendant County of Durham’s motion for partial summary judgment. On appeal, Plaintiffs argue that the trial court erred by granting summary judgment in favor of Defendant with respect to its claim to possess an express easement across Plaintiffs’ property. After careful consideration of Plaintiffs’ arguments in light of the record and the applicable law, we conclude that the trial…