Congress Street Properties, LLC v. Garibaldi's, Inc.

Dillard, Judge.

This is an appeal from an order granting summary judgment to Garibaldi’s, Inc. on its complaint for declaratory judgment. The trial court concluded that Garibaldi’s acquired through adverse possession the right to use certain airspace occupied by a ventilation system encroaching onto neighboring property owned by Congress Street Properties, LLC. Congress Street argues that (1) Garibaldi’s failed to present evidence sufficient to establish a claim of adverse possession, and (2) the trial court improperly shifted to Congress Street the burden of proving that Garibaldi’s use of…