Penny v. Burch

This case concerns the propriety of the trial court’s grant of summary judgment on plaintiff’s1 claim to a 30-foot easement for a roadway across defendant’s property. Specifically, defendant appeals from a final “judgment-order”2 granting plaintiff an implied easement across the east 30 feet of defendant’s property and permanently enjoining defendant from obstructing or interfering with the use of the easement. We reverse and remand.

The following facts are- undisputed. Plaintiff Penny and defendant Burch are purchasers of two adjoining tracts of land situated on the north side of Highway 140…