DELK v. HILL

No. 8719SC680.

365 S.E.2d 218 (1988)

Dempsey DELK v. Jerry HILL, Mike Hill, and Mary Hill.

Court of Appeals of North Carolina.

March 1, 1988.


Attorney(s) appearing for the Case

Ivey Mason & Wilhoit by Rodney C. Mason, Asheboro, for plaintiff-appellant.

Adams, Kleemeier, Hagan, Hannah & Fouts by Walter L. Hannah and David A. Senter, Greensboro, for defendants-appellees.


EAGLES, Judge.

Plaintiff appeals the trial court's grant of defendant's summary judgment motion in his action claiming a prescriptive easement or, alternatively, an easement by estoppel across defendant's property. We hold that genuine issues of fact exist and, therefore, the trial court's judgment must be vacated and the case remanded for further proceedings.

In reviewing the trial court's grant of summary judgment this court must examine the evidence in...

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