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SCOTT v. LONG VALLEY FARM KENTUCKY, INC.

No. 90-CA-0691-MR.

804 S.W.2d 15 (1991)

Bobby SCOTT and Wanda Scott, Appellants, v. LONG VALLEY FARM KENTUCKY, INC., Andrew C. Rose, and Charles H. Moore, Appellees.

Court of Appeals of Kentucky.

February 22, 1991.

Attorney(s) appearing for the Case

Glenn E. Acree, McBrayer, McGinnis, Leslie and Kirkland, Lexington, for appellants.

Mary Ann Getty, William R. Hilliard, Jr., Lexington, for appellees.

Before: EMBERTON, HOWERTON and MILLER, JJ.

MILLER, Judge.

Bobby and Wanda Scott appeal from a judgment of the Fayette Circuit Court entered upon cross-motions for summary judgment. Kentucky Rules of Civil Procedure (CR) 56. We reverse.

The facts are these: Since the 1920's in rural Fayette County, several parcels of land, including the tract now owned by the Scotts, have benefitted from easements appurtenant to water from the Blue Springs Water System (Blue Springs) located on land now owned by appellees...

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