HEREFORD v. GINGO-MORGAN PARK

88-604.

551 So.2d 918 (1989)

William Lee HEREFORD v. GINGO-MORGAN PARK, an Alabama General Partnership.

Supreme Court of Alabama.

As Modified on Denial of Rehearing July 14, 1989.

Rehearing Denied September 22, 1989.


Attorney(s) appearing for the Case

William R. Justice of Conwill & Justice, Columbiana, for appellant.

Douglas Corretti and Jesse P. Evans III of Corretti & Newsom, Birmingham, for appellee.


JONES, Justice.

William Lee Hereford appeals from an adverse judgment holding that he had no protectable rights in a strip of land known as Parkview Road. The trial court found that there had been no common law dedication of this land, and that Hereford had no rights by way of an easement, whether implied, prescriptive, or by necessity. Because we hold that an easement by necessity does exist in favor of Hereford, we modify the judgment and affirm it as modified....

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