Bruner v. Cooper
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The Supreme Court reversed the judgment of the court of appeals reversing the order of the circuit court granting summary judgment in favor of John and Beth Bruner based on its finding that a disputed road was a public road by prescription, holding that the road was a public road by prescription.
Don and Cathy Cooper sought to have the subject road, which had been maintained by the fiscal court and used by the public and the Bruners, adjoining landowners, declared their private driveway. During the litigation, the court of appeals affirmed the circuit court's order finding that the road was not a public road or an easement. The circuit court subsequently granted summary judgment for the Bruners, finding that the road was a public road by prescription.
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