Wednesday, October 14, 2009

Court holds that abutting property owners are entitled to ingress/egress use of abandoned city street

RONALD SWAFFORD v. DAVID AND SANDY WARD (Tenn. Ct. App. August 27, 2009)

When defendants obstructed plaintiffs' and abutting owners' use of alleyway, plaintiffs filed for declaratory judgment that the alley was a city street and they were entitled to use the alleyway. After an evidentiary hearing, the Trial Judge ruled that the alley had in fact been a city street and the City had abandoned it, but plaintiffs, as abutting owners, could continue to use the alleyway for ingress and egress. Defendants have appealed. We affirm the Trial Court.

Opinion may be found at the TBA website: