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VAN DENBURGH v. SWEENEY LAND CO.

No. 20120030-CA.

315 P.3d 1058 (2013)

2013 UT App 265

David S. VAN DENBURGH, Plaintiff and Appellant, v. SWEENEY LAND COMPANY and Park City II, LLC, Defendants, Third-party Plaintiffs, and Appellees.

Court of Appeals of Utah.

November 7, 2013.

Attorney(s) appearing for the Case

Jason D. Boren , Melanie J. Vartabedian , and Tesia N. Stanley , Attorneys for Appellant.

Paul D. Veasy and David K. Heinhold , Attorneys for Appellee Sweeney Land Company.

J. Craig Smith and Matthew E. Jensen , Attorneys for Appellee Park City II, LLC.

Judge JAMES Z. DAVIS authored this Memorandum Decision, in which Judges CAROLYN B. McHUGH and STEPHEN L. ROTH concurred.

Memorandum Decision

DAVIS, Judge:

¶ 1 David S. Van Denburgh, individually and in his capacity as the trustee of the David S. Van Denburgh Revocable Living Trust, appeal the trial court's summary judgment ruling rejecting his claim to a prescriptive easement over a strip of land located on property jointly owned by Sweeney Land Company and Park City II, LLC (collectively, Sweeney). We affirm.

¶ 2 Summary judgment is appropriate when "the...

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