Stillwater Columbia Ass'n v. Shepherd

BRIGHTMIRE, Presiding Judge.

Challenged here is a summary judgment rendered in favor of plaintiff declaring that party wall access easement has been extinguished by abandonment and that a later related license to use the access way is revocable. The attack is based not on the existence of disputed facts but on the ground the material facts are clearly against the weight of the evidence and the judgment is contrary to law.

I

The background facts are these. Back in 1908 Grand Opera House Company owned a building in Stillwater, Oklahoma. The Independent Order of Odd Fellows owned an adjoining lot.…