Cohen v. Board of Trustees of Immanuel Baptist Church, Inc.

MOREMEN, Justice.

The appellant, Mildred Cohen, owns •property in Ransom Subdivision of Lexing-rton which fronts on Ransom Avenue and ;abuts a portion of an alley. She sought by -a declaratory judgment action against ap-pellee, Board of Trustees of Immanuel Baptist Church, Inc., to have this alley declared to be private in nature and therefore not subject to use by property owners -outside the subdivision. The case was referred to the master commissioner who «concluded that the passway was private in ■nature but, upon exception to his report, •the circuit court entered judgment declaring the…