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

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).

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