Sims v. Town of New Chicago

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Virginia Carol Sims and Penny E. O'Neill, as Trustees under The Home Connection Realty Trust ("Realty Trust"), appeal the trial court's order that granted summary judgment to Town of New Chica go, Indiana ("New Chicago") on Realty Trust's action for declaratory relief on its claim to a prescriptive easement.

We affirm.

ISSUE

Whether the trial court erred in granting New Chicago's motion for summary judgment.

FACTS

On October 28, 2004, Realty Trust filed a complaint for declaratory relief, seeking to quiet title and injunctive relief, against New Chicago,…