Kennedy v. Hines

BEATTY, Retired Justice.

W. Elton Kennedy, M.W. Kennedy, and Lolita L. Kennedy appeal a judgment by the trial court declaring that a road running through their property is a public road. This case is before this court pursuant to § 12-2-7(6), Ala.Code 1975. We reverse and remand.

John H. Hines, James S. Hines, and J.C. Harper, Jr., brought an action against the Kennedys, seeking to have a road running through the Kennedy property declared a public road. The Kennedys moved to have the Wilcox County Commission joined as an indispensable party; the trial court granted that motion. The Hineses and…