Poland v. Runyan CA6
This is a dispute between neighbors over the use of an easement comprising a right of way. Plaintiffs Cheryl and Thad Poland filed this action seeking to quiet title to the portion of their property burdened by the right of way. Plaintiffs argued that the easement appurtenant to their neighbor’s property—currently owned by defendant Peter Runyan—was abandoned in perpetuity as the result of litigation involving defendant’s predecessor to the property. The trial court granted summary judgment in favor of defendant, finding that plaintiffs failed to create a triable issue of material fact regarding defendant’s predecessor’s intent to abandon the easement, which was not binding on defendant. Plaintiffs appeal the judgment. For the reasons expressed herein, we shall affirm.
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