Fugate v. Nettleton

Carolyn B. Nettleton and Blakeslee N. Chase (plaintiffs) filed a petition for declaratory judgment1 against D. B. Fugate, State Highway Commissioner (Commissioner), alleging ownership of a private easement through the Fairlawn Subdivision in the City of Covington.2 Plaintiffs alleged that this easement was taken during the construction of Interstate 64 for public use without just compensation. The trial court found for the plaintiffs and the Commissioner appeals.

*27The Commissioner argues that plaintiffs’ claim of a private easement was extinguished when Carolton Drive was dedicated for use as a…