Wachter v. Fowler

This case is before the Court upon the appeal of H. Ford Wachter and W. Thomas Biggert, trustees for Tower Acres Joint Venture, from a declaratory judgment order entered by the Circuit Court of Morgan County which found, among other issues, that a certain road in Morgan County is a private road. The appellants contend the circuit court erred as a matter of law since they had established that the road was publicly travelled for more than ten years, and public moneys were regularly authorized and expended for its upkeep; therefore, they were entitled to a conclusive presumption that the road…