Stegner v. Milligan

Kenneth and Shirley Stegner (“the Steg-ners”) appeal the circuit court’s order dismissing their petition to widen their private road, which they filed against Russell and Donna Milligan (“the Milligans”), the owners of the property over which the proposed widened road would pass. For reasons explained herein, we reverse and remand the case for further proceedings consistent with this opinion.

Factual and Procedural History

The Stegners and Milligans own tracts of land that abut at their southeast and northwest comers. The Stegners also own an L-shaped 14-foot wide gravel road that runs through…