BALL v. McDOWELL

No. E2007-00519-SC-R11-CV.

288 S.W.3d 833 (2009)

Roger BALL et al. v. Bruce McDOWELL et al.

Supreme Court of Tennessee, at Knoxville.

July 9, 2009.


Attorney(s) appearing for the Case

Robert M. Estep, Tazewell, Tennessee, for appellants Roger Ball and Carrol E. Rose, L.L.C.

Bruce McDowell, Tazewell, Tennessee, appellee, pro se.

Harold G. Jeffers and Jim Terry, Oneida, Tennessee, for appellees Penny Caylor, Brian Keith Brock, and James D. Yonts.


OPINION

JANICE M. HOLDER, C.J., delivered the opinion of the court, in which CORNELIA A. CLARK, GARY R. WADE, and WILLIAM C. KOCH, JR., JJ., joined. SHARON G. LEE, J., not participating.

The plaintiffs filed a lawsuit seeking a declaration that they have "a right-of-way easement" granted by deed and requesting the removal of encroachments by the defendants. The trial court granted the requested relief and held that the defendants failed to prove their claim...

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