Stewart v. Compton

AFFIRMING IN PART — REVERSING IN PART

Before WINTERSHEIMER, WHITE and WILHOIT, JJ. WINTERSHEIMER, Judge.

This action was instituted on May 23, 1975, by Gerry Fannin Compton and other heirs of C. H. Fannin, against Curtis R. Robinette and others, who are the owners of a certain tract of land in Lawrence County, Kentucky. The Plaintiffs below sought an injunction requiring the Defendants to remove or open a locked gate across the roadway to a private cemetery. The action was heard by the trial court on agreed Statements of Facts and Memorandum Briefs submitted by counsel. On August 16,1976, the…