Thomas Ettinger & a. v. Pomeroy Limited Partnership & a.

The petitioners, Thomas Ettinger, Margaret Ettinger, and Ettinger Family Holdings, Inc. (collectively, the Ettingers), appeal an order of the Superior Court (Houran, J.) denying their summary judgment motion and granting summary judgment to the respondents, Pomeroy Limited Partnership (Pomeroy Limited) and The Nature Conservancy (TNC), on the petitioners’ petition for declaratory judgment. We reverse and remand.

The record establishes the following facts. The parties own real property on or around Silver Lake in Madison. The Ettingers own the servient estate identified on Madison Tax Map 121…