Kirby v. Town of Claremont

By JUDGE W. PARK LEMMOND, JR.

At issue is the use of a public road, designated as Route T-1206, which begins at its intersection with Routes T-1207 and T-646 in the town of Claremont and proceeds in a westerly direction three-quarters of a mile to a turnaround area at the mouth of Brandon Gut where same empties into Upper Chippokes Creek. Located in the town of Claremont, the road is bounded entirely by land belonging to Kirby.

The essential historic facts were stipulated at the beginning of the trial of these two cases. Kirby filed a Bill of Complaint asking the Court to declare the subject…