SAWYERS v. BELLER

No. 2010-SC-000678-DG.

384 S.W.3d 107 (2012)

John SAWYERS, et al., Appellants v. Arthur BELLER, et al., Appellees.

Supreme Court of Kentucky.

Rehearing Denied December 20, 2012.


Attorney(s) appearing for the Case

James T. Kelley , The Kelley Law Offices, Elizabethtown, KY, for Appellant.

Steven Owen Thornton , Attorney At Law, Bowling Green, KY, for Appellant.


Opinion of the Court by Justice SCHRODER.

This Court granted discretionary review of part of a Court of Appeals' opinion which affirmed a judgment of the Allen Circuit Court restricting the Appellants' rights to the use and maintenance of a road or access easement across the Appellees' property (known as the Fishback Roadway or Fishback Passway). Because the Appellants had an express easement to the access road, without any reservations or restrictions as to their...

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