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LOUISVILLE v. LOUISVILLE SCRAP MATERIAL CO.

Nos. 94-SC-629-TG, 94-SC-841-TG.

932 S.W.2d 352 (1996)

CITY OF LOUISVILLE, Appellant/Cross-Appellee, v. LOUISVILLE SCRAP MATERIAL COMPANY, INC., Appellee/Cross-Appellee, and LOUISVILLE SCRAP MATERIAL COMPANY, INC., Appellant/Cross-Appellee, v. CITY OF LOUISVILLE, Appellee/Cross-Appellant.

Supreme Court of Kentucky.

Rehearing Denied November 21, 1996.

Attorney(s) appearing for the Case

Christina Heavrin, J. David Morris, Louisville, Charles Dant Kearns, John L. Tate, James R. Williamson, Catherine Murr Young, Stites & Harbison, Louisville, for appellant/cross-appellee, City of Louisville.

Leslie D. Aberson, Washer Kaplan Rothschild Aberson & Miller, Louisville, William E. Johnson, Johnson, Judy, True & Guarnieri, LLP, Frankfort, William L. Montague, Robert M. Watt III, John B. Park, Stoll, Keenon & Park, Lexington, for appellee/cross-appellant, Louisville Scrap Material.

William A. Thielen, Lexington, for amicus curiae, Kentucky League of Cities.

WINTERSHEIMER, Justice.

This appeal is from a summary judgment of the circuit court which held that Water Street was and is a dedicated public way and that the City acquired a 110 foot public railroad easement by condemnation in 1873 and that the three strips of land formerly occupied by CSX had reverted to the City by virtue of abandonment of the public use. The circuit court also held that Louisville Scrap Material Company has a private right of ingress and egress...

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