Barge v. Sadler

OPINION

ADOLPHO A. BIRCH, JR., J.,

delivered the opinion of the court,

in which FRANK F. DROWOTA, III, C.J., E. RILEY ANDERSON, JANICE M. HOLDER, and WILLIAM M. BARKER, JJ., joined.

Daniel B. Barge III filed a petition seeking to condemn a portion of Earl and Vera Sadler’s property for use as an easement for access to his landlocked property. The trial court found that Barge already enjoyed an easement by implication across John Sonda/s property; thus, he could not show, as required by the condemnation statute, that he had no other access to a public road. The Court of Appeals reversed the trial…