Schwartz v. Castleton Christian Church, Inc.

ROBERTSON, Judge.

Bruce E. and Kathleen Sandra Schwartz appeal the summary judgment entered in favor of the Castleton Christian Church, Inc. [CCC]. 2 The Schwartzes filed the present suit seeking to quiet title with respect to an appurtenant easement incident to CCC's land. The easement is a right of access that runs from CCC's property across the Schwartzes' property to a street. Essentially, the Schwartzes are seeking to have CCC's appurtenant easement declared forfeited by nonuse. We affirm.

FACTS

Both parties agree that the facts are undisputed. Each party argues that it is entitled to…