Kroll v. Sebastian

Opinion

LANDAU, J.

This is an appeal from the judgment of the trial court rendered following the granting of the defendants’2 motion for summary judgment. The plaintiff claims that the court, having concluded that a genuine issue of material fact existed as to whether the strip of land over which the plaintiff sought a prescriptive easement was held open for public use, improperly granted the defendants’ motion for summary judgment.3 We agree.

The following facts and procedural history are pertinent to our resolution of this appeal. The plaintiff, Donna L. Kroll, brought the present action…