Monday, May 2, 2011

Court Reviews Whether Reliance on Plaintiffs’ Survey Expert was Proper in a Case Involving a Boundary Dispute

GARRETT RITTENBERRY ET AL. v. KEVIN PENNELL ET AL. (Tenn. Ct. App. May 2, 2011)

In this boundary dispute, the defendant property owners argue that the trial court erred in its reliance on the survey of the plaintiffs' expert and in concluding that the road in front of the plaintiffs' property is a public county road. We have determined that the evidence does not preponderate against the trial court's decision to credit the survey, but that the trial court erred in concluding that the disputed part of the road was a public county road. 


Opinion available at:

http://www.tba2.org/tba_files/TCA/2011/rittenberryg_050211.pdf