Tamm v. Gatzke

Summary

The court held that dismissal on the pleadings was improper because the complaint and attached documents left factual questions about deed delivery, ownership at the time of recording, and possible implied easements. It affirmed denial of the plaintiff's summary-judgment motion because disputed facts remained concerning the parties' intent, prior use, and the availability of reasonable alternative access routes. The judgment was therefore affirmed in part, reversed in part, and remanded.