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BLANKENSHIP v. ACTON

No. 2003-CA-000903-MR.

159 S.W.3d 330 (2004)

Johnny K. BLANKENSHIP, Appellant, v. Claude J. ACTON; Janie Acton, His Wife; and Stephen Acton, Appellees.

Court of Appeals of Kentucky.

As Modified May 14, 2004.

Case Ordered Published by Court of Appeals June 25, 2004.

Discretionary Review Denied by Supreme Court April 13, 2005.

Attorney(s) appearing for the Case

James H. Moore, III, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, PLLC, Ashland, KY, for appellant.

John G. Prather, Jr., Winter R. Huff, Scott T. Foster, Law Office of John G. Prather, Somerset, KY, for appellee.

Before COMBS, DYCHE, and KNOPF, Judges.

OPINION

KNOPF, Judge.

Johnny K. Blankenship appeals from a judgment of the Pulaski Circuit Court which enjoined him from blocking access to an old public road. We agree with Blankenship that a public road which is not a county or state road may be abandoned without formal governmental action. However, the trial court also correctly found that Blankenship did not have a right to obstruct the Actons' use...

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