Borek Cranberry Marsh, Inc. v. Jackson County

¶ 1. Borek Cranberry Marsh, Inc. appeals an order of the circuit court granting summary judgment in favor of Jackson County. Borek filed suit seeking a declaratory judgment recognizing its interest in an easement providing the right to remove sand from adjacent property owned by the County. The issue in this appeal is whether the sand removal right granted by the County to a previous owner of Borek's land was personal to the previous owner, or whether it was transferable to subsequent owners like Borek.

¶ 2. Borek argues that the sand removal right was transferable because the sand removal…