A & M Properties, Inc. v. Norfolk Southern Corp.

McCUSKEY, Justice:

This certified question comes before the Court upon the petition of Norfolk & Western Railway Co., defendants in a suit in the Circuit Court of Jefferson County. Respondent had commenced a civil suit in the Circuit Court of Jefferson County seeking declaratory judgement that it had obtained a prescriptive easement across active railroad trackage owned in fee simple by the Petitioner, thereby creating a private railroad grade crossing. The circuit court allowed Petitioner’s motion to dismiss, in which Petitioner averred, that, as a matter of law, prescriptive easement could…