Woodward v. Lopez

¶1 — Bobbi Woodward, as personal representative of the Johanna Ellwanger estate,1 appeals the trial court’s order granting partial summary judgment in favor of Hector and Nita Lopez, Trent and Michelle Herbert, and Neda Herbert (collectively the Lopezes). The trial court held that no genuine issue of material fact remained and as a matter of law (1) the express easement on the Lopez property does not benefit Ellwanger’s short subdivision plat (SP) 432 lots, (2) no implied easement exists on the Lopez property for the benefit of Ellwanger’s SP 432 lots, and (3) Ellwanger is not entitled to a…