Preview:

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND

No. 2555 September Term, 2009

BRENDA RUPLI v. SOUTH MOUNTAIN HERITAGE SOCIETY, INC.

Eyler, Deborah S, Meredith, Kenney III, James A., (Retired, Specially Assigned), JJ.

Opinion by Kenney, J.

Filed: December 22, 2011

At issue in this case is the continued use of a well that has supplied water to a neighboring property since before 1973. Appellant Brenda Rupli ("Rupli") appeals the grant by the Circuit Court for Frederick County of a motion for summary judgment in favor of appellee, the Southern Mountain Heritage Society, Inc. ("SMHS"), and the denial of summary judgment in her favor. She presents four questions which we have rephrased and consolidated as follows: did the circuit court err in granting summary judgment in favor of SMHS? 1

1

As presented in Rupli's brief, the questions are:

1. Whether the Circuit Court erred in denying Ms. Rupli summary judgment and granting SMHS summary judgment when Ms. Rupli's use was presumptively hostile. 2. If so, or in the alterative, whether the Circuit Court erred in denying Ms. Rupli summary judgment and granting SMHS summary judgment because the Circuit Court found that Ms. Rupli['s] use of the disputed Well was not hostile even though Ms. Rupli was not a party to the permissive agreement between her predecessor in interest and SMHS's predecessor in interest; Ms. Rupli has used the Well from 1973 to 2005 as a matter of right; Ms. Rupli used the disputed Well without express permission from SMHS or its predecessor in interest; Ms. Rupli maintained the working condition of the Well; and the SMHS asked Ms. Rupli for permission to use water from the Well. 3. Whether the Circuit Court erred in granting SMHS summary judgment by deciding material questions of fact such as SMHS's subjective intent, i.e. SMHS's implicit "tolerance" of Ms. Rupli's use of the Well for more than 26 years. 4. Whether the Circuit Court erred in granting SMHS summary judgment by summarily adjudicating only one of Ms. Rupli's defenses (prescriptive easement) when at least two other defenses

Download Rupli v. South Mountain Heritage Society.pdf

Maryland Law