Yancey v. Poe

Barnes, Judge.

Kyle Yancey sued Mickey Poe after Poe built a fence and erected a gate across a road providing the sole access to Yancey’s property. Yancey contends that the trial court erred by granting summary judgment to Poe because the road on which the gate was placed is a dedicated public right-of-way. Because „ we find a genuine issue of *411material fact exists as to whether the gate is located within the public right-of-way, we reverse.1

The record shows that in 1995, Poe executed a “Right of Way Deed” to Paulding County conveying fee simple title to 60 feet of land on either side of the…