MacHholz-parks v. Suddath

SHRUM, Chief Judge.

Based upon adverse possession principles, the trial court sustained a motion for summary judgment filed by defendant, David Suddath (Suddath), thereby vesting him with title to real estate approximately 15 feet wide off the north and east side of land described in Plaintiff, Karen Machholz-Parks’s deed. Plaintiff appeals. 1

We reverse the trial court’s order sustaining Suddath’s motion for summary judgment because the motion is defective and there is no factual basis for the arguments Suddath advances in support of the order sustaining it.

BACKGROUND FACTS

On May 31, 1985,…