Altmann v. Kelber

1 Roger Kelber and Pamela Kelber appeal from a declaratory judgment that determined that Lane Altmann and Joan Altmann have an express easement over the Kelbers property. The Kelbers argue that the circuit court erred because it relied on inadmissible evidence when finding the easement, that the easement must fail under the statute of frauds, that there is an issue of fact that precludes summary judgment, that the circuit court also erred when it found that the Altmanns had, alternatively, a prescriptive easement, and that the circuit court improperly dismissed their counterclaims and third-party claims. We conclude that the circuit court properly found that the Altmanns had an express easement over the Kelbers property, and therefore we affirm the judgment of the circuit court.