Sevener v. Faulkner

Lyle Brown, Justice.

This is a dispute over the right of appellees to the use of an old county road to gain access to their property, the county road having been replaced by a new state highway. It is contended on appeal that the court erred in holding that the old road had never been abandoned. It is also asserted that the court should have allowed damages for destruction of fencing.

The parties are next door neighbors in a rural area in Greene County. Their homes both face state highway 25. The state highway runs east and west and the homes are on the south side. Until that highway was built…