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COLE v. GILVIN

No. 2000-CA-001961-MR.

59 S.W.3d 468 (2001)

Nelson COLE and Marilyn J. Cole, Appellants, v. William GILVIN, Shirley Gilvin, Daniel Gilvin, Michael Gilvin (Individually), Michael Gilvin, d/b/a The Gilvin Family Partnership, Appellees.

Court of Appeals of Kentucky.

October 19, 2001.

Attorney(s) appearing for the Case

Kenneth E. Dillingham, Elkton, KY., for Appellants.

Harold M. Johns, Elkton, KY., for Appellees.

Before BARBER, DYCHE and JOHNSON, Judges.

OPINION

JOHNSON, Judge:

Nelson Cole and his wife, Marilyn, have appealed from a final judgment of the Todd Circuit Court entered on June 12, 2000, which held that they have no legal right of way to their realty over a passway or roadway on the property owned by the Gilvins. Having concluded that the trial court properly found that the Coles had no easement and the passway was not a public road, we affirm...

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