Fred Andrews et al. v. Joel Brown et al.

The trial court dismissed this private condemnation action, brought pursuant to Tenn. Code Ann. § 54-14-102, on summary judgment based upon its conclusion that the plaintiffs already had lawful access to their property. We have determined that the trial court erred in finding that the plaintiffs had express easements giving them access to their property. Further, genuine issues of material fact exist regarding whether the plaintiffs could have lawful access under another theory. Therefore, we reverse and remand.