SARVER v. COUNTY OF ALLEN, ETC.


582 S.W.2d 40 (1979)

Osco SARVER and wife, Gliddie Sarver, Movants, v. The COUNTY OF ALLEN, By and Through ITS FISCAL COURT, A. R. Oliver, Judge Presiding, Respondent.

Supreme Court of Kentucky.

May 22, 1979.


Attorney(s) appearing for the Case

David W. Anderson, David F. Broderick, Cole, Harned & Broderick, Bowling Green, for movants.

James S. Secrest, James S. Secrest, Jr., Scottsville, for respondent.


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...

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