Delk v. Hill

EAGLES, Judge.

Plaintiff appeals the trial court’s grant of defendant’s summary judgment motion in his action claiming a prescriptive easement or, alternatively, an easement by estoppel across defendant’s property. We hold that genuine issues of fact exist and, therefore, the trial court’s judgment must be vacated and the case remanded for further proceedings.

In reviewing the trial court’s grant of summary judgment this Court must examine the evidence in the light most favorable to the non-movant, determine whether a genuine issue of material fact exists, and determine whether the movant is…