NODINE v. McNERNEY

No. 76A05-0406-CV-335.

833 N.E.2d 57 (2005)

Duane and Fredericka NODINE, Husband and Wife, and Glen and Coleen Snyder, Husband and Wife, Appellants-Plaintiffs, v. Gerald McNERNEY, Roger and Judy Kitchen, Tim and Mary Lou Orn, Ken and Kaye Donaldson, Steven and Dawn Castleman, Don and Margo Reed, Greg and Carla Mekus, Mr. and Mrs. Dennis Miller, Charles Lamb and Pam Kruse, Steven A. Mayer, Timothy and Lisa Derck, Don and Sally Stephenson, Jim and Bonnie Badenhop, Jeff and Marlene Rupp, Beth Vocke, Mary Erford, Jill Schumaker, Steve Piepenbrink, Helen Myers, Mr. and Mrs. Steven Myers, Harold and Ida Paton, Ray and Judy Schnettegoecke, Kevin and Ann Marie Wallace, Jim and Sharon Smolek, Mr. Lloyd McClellan, Jim and Helen Reynolds, John and Ginny Shappell, Jeanne Kreinbrink, Robert and Kathleen Murray, Rose Deventer, Paul and Dorothy Treece, Mary Van Gundy, Mr. and Mrs. Charles Meyer, William and Cindy Spratt, Larry and Linda Starr, Steve David, William and Linda Coyne, Dr. Wayne and Michelle Miller, William and Norma Mickelson, Ernie and Patricia Beck, Todd and Carrie Christlieb, E. Paul Kohli, John and Sheila Silowsky, Ed Linder, Lydia Gnagy, Max Gnagy, and Oakwood Park Association, Appellees-Defendants.

Court of Appeals of Indiana.

August 23, 2005.


Attorney(s) appearing for the Case

Robert J. Hardy, Thomas & Thomas, LLP, Waterloo, for Appellants.

Dane L. Tubergen, Hunt Suedhoff Kalamaros, LLP, Fort Wayne, for Appellees Don Reed, Margo Reed, Todd Christlieb, Carrie Christlieb, Ed Linder, Lydia Gnagy, and Max Gnagy.


OPINION

SULLIVAN, Judge.

Following a bench trial, the trial court entered a judgment denying Appellants' Duane and Fredericka Nodine (the "Nodines") and Glen and Coleen Snyder (the "Snyders") (collectively the "Claimants") claim for title to real estate by adverse possession and granting the Appellees-Defendants'1 cross-claim for a prescriptive easement over portions of the Nodines' property. Upon appeal, the Claimants present...

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