Date: 01-20-2007

Case Style: Patrick D. McConnell; Mary Elizabeth McConnell v. Matin B. Stivers, et al.

Case Number: 2004-CA-001835-MR

Judge: Miller

Court: Commonwealth of Kentucky Court of Appeals on appeal from the Circuit Court of Jefferson County

Plaintiff's Attorney:

Ray H. Stoess, Louisville, Kentucky for Martin B. Stivers, et al.

Harley N. Blankenship, Louisville, Kentucky for Donna Allgeier and Ronald Allgeier

Defendant's Attorney:

Michael L. Maple, Louisville, Kentucky

Description:

Patrick D. McConnell and Mary Elizabeth McConnell appeal from a judgment of the Jefferson Circuit Court which, as relevant to their appeal, (1) required them to remove structures encroaching upon a tract of property owned by Martin B. Stivers, Marion Patricia Stivers, William G. Norris, Jr., and Angela Rosemary Norris (collectively Norris/Stivers) and a tract of property owned by Ronald and Donna Allgeier, and (2) determined that they do not have an easement by implication to use a driveway running between the McConnell and Norris/Stivers properties. (Appeal No. 2004-CA-001835-MR). Norris/Stivers cross-appeal the trial court's reduction of a jury verdict awarding them $5,000.00 in punitive damages. (Appeal No. 2004- CA-001894-MR). The McConnells also appeal and Norris/Stivers cross-appeal the trial court's awarding of costs. (Appeal Nos. 2004-002213-MR and 2004-CA-002302-MR, respectively). For the reasons stated below, we affirm upon the issues raised by the McConnells in Appeal No. 2004-CA-001835-MR, and reverse upon the issue raised by Norris/Stivers in Cross-Appeal No. 2004-CA- 001894-MR.

Because neither of the parties briefed the matter of costs, we deem any arguments related to same to be abandoned. Kentucky Rules of Civil Procedure (CR) 76.12(4)(c)(iii).

* * *

Outcome: We reverse and remand in Appeal No. 2004-CA-002213-MR for further proceedings consistent with this opinion.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None