Foley v. Hamilton

OPINION

FRANKS, Judge.

Plaintiffs, homeowners in a subdivision, sued, among others, the developers and the county seeking a determination of responsibility for maintaining roads in the subdivision and, in the alternative, sued for damages. The chancellor, responding to motions for summary judgment, dismissed the complaint1 on the basis it neither stated a cause of action against the developers nor the county.

We conclude the complaint is actionable and there are disputed issues of fact. We reverse and remand for trial on the merits. T.R.C.P., 56.03.

The complaint alleges that since October, 1973,…