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RAINWATER v. SUMNER COUNTY

No. M2010-00098-COA-R3-CV.

342 S.W.3d 500 (2010)

James RAINWATER, et al. v. SUMNER COUNTY, Tennessee, et al.

Court of Appeals of Tennessee, at Nashville.

October 28, 2010.

Application for Permission to Appeal Denied by Supreme Court March 9, 2011.

Attorney(s) appearing for the Case

Bruce N. Oldham , Gallatin, Tennessee, for the appellants, James Rainwater, et al.

Leah May Dennen , Gallatin, Tennessee, A. Scott Derrick , Nashville, TN, for the appellees, Sumner County, et al.

John A. Beam, III , Kristin Fecteau , Nashville, TN, for the appellees, C. Russell Bridges and Janet C. Bridges.

Mark T. Smith , Gallatin, Tennessee, for the appellees, William Hardaway and Judy Hardaway and Dry Fork Creek Cumberland Presbyterian Church.

OPINION

ALAN E. HIGHERS, P.J., W.S., delivered the opinion of the Court, in which HOLLY M. KIRBY, J., and J. STEVEN STAFFORD, J., joined.

Plaintiffs sought a declaratory judgment that a gravel drive running through their property is a private easement rather than a public road. The trial court granted summary judgment in favor of the defendants, finding that the drive is a public road. Finding this case inappropriate for summary judgment, we reverse the...

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