Jeffrey Apitz v. Terry Hopkins

OPINION

PETERSON, Judge.

This appeal is from a summary judgment granted to respondent-owners of a dominant estate in a declaratory judgment action brought by appellant-owners of the servient estate to determine the scope of an “exclusive easement for ingress, egress and utility purposes.” Because the language granting the easement is ambiguous and the' interpretation of the easement grant presents a question of fact, we reverse and remand.

FACTS

Appellants Jeffrey and Joanne Apitz own property in Itasca County that is described as Lot 2, Block 1, Bluffs of Shoal Lake (Lot 2). Respondents Terry…