Sarver v. County of Allen Ex Rel. Fiscal Court

PALMORE, Chief Justice.

This dispute concerns the status, private vis-a-vis public, of an old road or passway in Allen County. The real parties in interest are neighboring landowners, but through the device of a KRS Chapter 178 proceeding to establish the. disputed passway as a “county road” the county has been drawn into the position of acting as surrogate for one of them.

The facts of the case should be approached with a clear understanding of the distinction between a “county road” and a “public road.”

According to KRS 178.010, “ ‘County roads’ are public roads which have been accepted by the…