Schold v. Sawyer

Opinion by

Chief Judge STERNBERG.

Defendants, William and Mary Sawyer, appeal from a summary judgment entered in favor of plaintiffs, Njal and Jané Schold, on plaintiffs’ claim for injunctive relief related to an easement across defendants’ property. We agree with defendants that the trial court improperly applied the standards for summary judgment, and we reverse and remand for further proceedings.

In 1994, a subdivision was created, dividing a parcel of land into two residential lots, one of which is owned by plaintiffs and the other by defendants. Pursuant to an express grant in the…