Ellington v. BecraftAnnotate this Case
The Supreme Court affirmed in part and reversed in part the opinion of the court of appeals reversing the judgment of the trial court in this case filed by Plaintiff requesting that Smokey Hollow Road in Bath County be recognized as a county road, public passway, or easement. The trial court ruled that Smokey Hollow Road was a county road and a public passway and that Plaintiff had acquired an easement by prescription. The court of appeals reversed. The Supreme Court affirmed in part and reversed in part and reinstated the order of the trial court, holding (1) the passway at issue is not a county road as a matter of law; (2) the trial court’s finding of facts were insufficient to establish an implied dedication of this portion of Smokey Hollow Road to create a public road; and (3) Plaintiff had a prescriptive easement, and it had not been abandoned.