Walden v. Schaffer

PER CURIAM

Defendant is the owner of a tract of land over which a nonexclusive easement for the benefit of plaintiffs was created by the parties’ common grantor. Plaintiffs brought this proceeding to enjoin the use being made of the easement by defendant, and the trial court granted them a summary judgment.

The summary judgment record demonstrates unresolved questions of fact concerning the reasonableness of defendant’s use. Summary judgment was inappropriate.

Reversed and remanded.