Bruner v. Cooper
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The Supreme Court reversed the decision of the court of appeals vacating the order of the circuit court granting summary judgment in favor of John and Beth Bruner and against Don and Cathy Cooper in this property dispute, holding that the circuit court did not err in granting Ky. R. Civ. P. 60.02 relief.
The Coopers brought this action seeking to have a road that had been maintained by the fiscal court and used by the public and the Bruners, the Coopers' adjoining landowners, The circuit court ultimately concluded that the road was neither a public road nor an easement. Thereafter, the Bruners successfully sought relief from the court's orders regarding the road's classification under Rule 60.02. The circuit court subsequently granted summary judgment for the Bruners, finding that the road was a public road by prescription. The court of appeals vacated the summary judgment order. The Supreme Court reversed and reinstated the grant of summary judgment, holding that the circuit court did not err by granting the Bruners' motion for Rule 60.02 relief or by granting summary judgment in favor of the Bruners.
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