Otto v. Gillespie

This is a condemnation case.

Michael W. Gillespie, Catherine J. Gillespie, Russell E. Woolf, and Marita Dawn Woolf (petitioners), property owners, petitioned the Probate Court of Morgan County to condemn property belonging to William F. Otto (Otto) pursuant to §18-3-1, Code 1975, for use as a public road. Petitioners contended that their land was landlocked and that a portion of Otto's land was between their land and the nearest public road. Petitioners claimed that they and their predecessors in title had used this portion of Otto's land as a means of ingress to and egress from their…