Collins v. Ketter

SMITH, Judge.

Plaintiffs appeal the partial summary judgment entered in favor of defendants in which the trial court found as a matter of law that plaintiffs did not have an easement by way of necessity over defendants’ road. They further appeal the court’s judgment for defendants, entered after trial on the remaining issues, based on findings that the road is not a public one and that defendants have not been estopped by their actions to deny plaintiffs use of the road. We affirm.

Plaintiffs are owners of land adjacent to a subdivision known as the Heathermeade Third Addition. Defendants…