SKVARLA v. PARK

No. 8210SC808.

303 S.E.2d 354 (1983)

John E. SKVARLA III, et al. v. Frances Williams PARK.

Court of Appeals of North Carolina.

June 7, 1983.


Attorney(s) appearing for the Case

Skvarla, Wyrick & From by Robert A. Ponton, Jr., Raleigh, for plaintiffs-appellees.

Kirby, Wallace, Creech, Sarda & Zaytoun by William A. Creech and David F. Kirby, Raleigh, for defendant-appellant.


VAUGHN, Chief Judge.

Since the parties have stipulated that the deed from the Bernards to C.B. Williams created an appurtenant easement in favor of 1407 Hillsborough Street, the sole issue is whether defendant presented sufficient evidence to support her affirmative defense, that the easement was extinguished, to withstand plaintiffs' motion for a directed verdict. Defendant contends the easement was extinguished by abandonment. As the party claiming the easement...

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