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SCHWARTZ v. CASTLETON CHRISTIAN CHURCH, INC.

No. 29A02-9203-CV-93.

594 N.E.2d 473 (1992)

Bruce E. SCHWARTZ and Kathleen Sandra Schwartz, Appellants-Plaintiffs, v. CASTLETON CHRISTIAN CHURCH, INC., an Indiana Not-for-Profit Corporation, Appellee-Defendant. Castleton Christian Church, Inc., an Indiana Not-for-Profit Corporation, Appellee (Cross-Complainant below), v. City of Indianapolis, Department of Parks and Recreation, Appellee (Third-Party Defendant below).

Court of Appeals of Indiana, First District.

Transfer Denied September 8, 1992.

Attorney(s) appearing for the Case

Thomas A. Hendrickson, of counsel, Hendrickson, Travis, Pantzer & Miller, Indianapolis, for appellants-plaintiffs.

Bruce M. Pennamped, Richard S. Pitts, Lowe Gray Steele & Hoffman, Indianapolis, for appellee-defendant.

ROBERTSON, Judge.

Bruce E. and Kathleen Sandra Schwartz appeal the summary judgment entered in favor of the Castleton Christian Church, Inc. [CCC].2 The Schwartzes filed the present suit seeking to quiet title with respect to an appurtenant easement incident to CCC's land. The easement is a right of access that runs from CCC's property across the Schwartzes' property to a street. Essentially, the Schwartzes are seeking to have CCC's appurtenant...

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