James W. Gentry, Jr., et al vs. Todd Clark McCain, et al

Case Number
E2009-01457-COA-R3-CV

James W. Gentry, Jr., Margaret A. Gentry ("the Gentrys"), Paul Mallchok, and Lowrance Mallchok sued Todd Clark McCain, Christy McCain ("the McCains"), and the City of Chattanooga ("the City") seeking, in part, a declaration of ownership with regard to a right-of-way known as Manchester Avenue, and a restraining order preventing the McCains from entering the right-of-way. After a hearing, the Trial Court denied the Gentrys' request for a temporary injunction to bar the McCains and the City from the right-of-way and further held that Manchester Avenue had been dedicated, the City had accepted the dedication, the City had never formally abandoned the portion of Manchester Avenue at issue in this case, and that the City held title to the Manchester Avenue right-of-way as a public right-of-way. The Gentrys appeal to this Court claiming that the Trial Court erred in denying them title to the Manchester Avenue right-of-way. We affirm.

Authoring Judge
Judge D. Michael Swiney
Originating Judge
Chancellor Howell N. Peoples
Case Name
James W. Gentry, Jr., et al vs. Todd Clark McCain, et al
Date Filed
Dissent or Concur
No
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