Staley v. Stephens

A pre-closing survey revealed the Staleys' (plaintiffs) house infringed on subdivision and local zoning setback lines by roughly one foot and two inches respectively, with years remaining before the statute of limitations on challenging the infringements would expire; when the Staleys refused to obtain neighbors' waivers of their litigation rights over the infringements, buyers the Stephenses (defendants) withdrew from the purchase contract, arguing the Staleys could not convey marketable title, and the trial court granted the Stephenses summary judgment.