Morrison v. Derdziak

Eldridge, Judge.

This is an appeal from the dismissal of Abraham Morrison’s appeal to a jury in the Superior Court of Marion County with regard to Mildred Gail Bulloch Derdziak’s petition for a right-of-way across Morrison’s property.1 The facts are as follows.

*90On May 27, 1999, an evidentiary hearing was held in superior court on Derdziak’s petition. Therein, Derdziak declared and put forward evidence showing that necessity required the granting of a right-of-way across Morrison’s property as such was allegedly the only method of egress from and ingress to Derdziak’s property. Morrison put…