Roe v. Corbin Water Users' Ass'n

Appellants Jeff and Nancy Roe filed a complaint on July 29,1992, and amended their complaint on March 3,1993, in the Fifth Judicial District Court in Jefferson County, requesting permanent and temporary access to water from the Corbin Water System for both of their properties. On August 3,1993, the District Court granted respondent Corbin Water User’s Association’s (CWUA), motion for summary judgment. The Roes appeal. We reverse.

The following issue is dispositive on appeal:

Did the District Court err when it granted CWUA’s motion for summary judgment?

FACTUAL BACKGROUND

The Roes reside on and…