Wagner

I.

FACTUAL AND PROCEDURAL

BACKGROUND

The property that is the subject of this dispute (“the property”) is a 9.37-acre lot on Santa Rosa Avenue. The property is long and rectangular, with the narrow part of the parcel fronting Santa Rosa Avenue. It is made up of two parcels: The front (the side fronting Santa Rosa Avenue) is 4.69 acres and zoned for limited industrial use, and the rear is 4.68 acres and zoned rural residential. The property is the site of a boat-and-storage business (TJ RV & Boat Storage, hereafter “TJRV” or “the business”). As of May 2019, TJRV was “successful and generate[d] substantial income for the owners.” The business does not pay rent. The background of the current dispute began in 1999 when Theresa Messana Louvar created the Theresa Messana Louvar Trust (Trust). The Trust included the property and the business. The beneficiaries were Theresa Messana Louvar’s three children: Charles Joseph Messana (Jody, who is not a party to this appeal) and appellants Russell Messana and Christine (Chris) Merkel.1 In May 2000 Theresa Messana Louvar executed an amendment to the Trust that established a “Separate Share Trust” for Jody. That separate trust provides that…