Rainwater v. Sumner County

OPINION

ALAN E. HIGHERS, P.J., W.S.,

delivered the opinion of the Court,

in which HOLLY M. KIRBY, J., and J. STEVEN STAFFORD, J.,

joined.

Plaintiffs sought a declaratory judgment that a gravel drive running through their property is a private easement rather than a public road. The trial court granted summary judgment in favor of the defendants, finding that the drive is a public road. Finding this case inappropriate for summary judgment, we reverse the trial court’s grant of summary judgment and remand for a trial on the merits.

I. Facts & PROCEDURAL History

In 1982, Janet C. Bridges and her…