Robison v. Lincoln County Bd. of Supervisors
| Docket Number: | 2006-CA-01261-COA Linked Case(s): 2006-CA-01261-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 01-15-2008 Opinion Author: MYERS, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Real property - Public road by prescription Judge(s) Concurring: KING, C.J., LEE, P.J., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Dissenting Author : IRVING, J., without separate written opinion. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
|
| Trial Court: |
Date of Trial Judgment: 06-29-2006 Appealed from: LINCOLN COUNTY CIRCUIT COURT Judge: Mike Smith Disposition: Decision by board of supervisors dedicating a road a public road affirmed by circuit court. Case Number: 2004-125-B |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | S. L. ROBINSON AND JO DELL ROBINSON |
W. STEWART ROBISON,
JOSE` B. SIMO |
||
| Appellee: | LINCOLN COUNTY BOARD OF SUPERVISORS | ROBERT O. ALLEN |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Real property - Public road by prescription |
| Summary of the Facts: | The Lincoln County Board of Supervisors dedicated Greenwich Lane, located in northwest Brookhaven, as a public road through the method of prescription. The decision was appealed by S. L. Robinson and Jo Dell Robinson; however, the appeal was denied and Greenwich Lane remained listed in the Lincoln County Road System Register. The circuit court affirmed the decision of the Board of Supervisors, and Robinson appeals. |
| Summary of Opinion Analysis: | Robinson argues that the Board of Supervisors, and subsequently, the circuit court, erred in finding that Greenwich Lane was a public road by prescription, because insufficient evidence was presented regarding the use of the road by the “public in general.” In order to acquire a road by prescription, it must be established that the use of the road has been open, notorious and visible; hostile; under claim of ownership; exclusive; peaceful; and continuous and uninterrupted for a period of ten years. Additionally, the road must be habitually used by the public in general for a period of ten years; and such use must be accompanied by evidence, other than mere travel thereon, of a claim by the public of the right so to do. Testimony at the hearing established that Greenwich Lane had, in the past, been used by the school bus continuously and that Greenwich Lane has been maintained by the county since its inception including paving, repairing potholes and grading the road with county equipment. Testimony also provided that the public’s use of the lane is especially busy during the summer months, when vegetable farm customers ingress and egress to the farm via Greenwich Lane every day. Thus, adequate proof was presented regarding the public’s general use of Greenwich Lane. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
