No. 03A01-9810-CV-00358.Court of Appeals of Tennessee. at Knoxville.
Decided March 24, 1999.
Appeal from Campbell Circuit, Hon. Conrad Troutman, Judge.
AFFIRMED
Kenneth W. Holbert, Knoxville, for the Appellant.
Michael G. Hatmaker, Jacksboro, for the Appellees.
William H. Inman, Senior Judge
MEMORANDUM OPINION
The right of the plaintiffs to the unrestricted use of a private road providing access to Norris Lake is the issue in this case.
The deeds of the plaintiffs and those of their predecessors in title granted them a right of way and private road for recreational purposes. Subsequently, the defendant acquired the underlying fee in the road, and installed a locked gate, a key to which required membership in the defendant organization which owned the road.
The trial judge held that the plaintiffs were entitled to the unrestricted use of the road and enjoined the defendant from interfering with such usage.
This is a proper case for affirmance pursuant to Rule 10, Rules of the Court of Appeals.[1] Costs are assessed against the appellant.
_______________________________ William H. Inman, Senior Judge
CONCUR:
_______________________________ Houston M. Goddard, Presiding Judge
_______________________________ Charles D. Susano, Jr., Judge
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