This appeal arises from Defendant’s erection of barricades between Plaintiff’s property and Johnson Street in Benton County, Tennessee in order to block Plaintiff’s access to the street from her property. Defendant contends that Johnson Street does not extend to Plaintiff’s property and that he owns the land between the two. Plaintiff contends that Johnson Street does extend to her property and that she has a right of unimpeded access to it. Plaintiff filed a complaint seeking a declaratory judgment establishing Plaintiff’s right of access to Johnson Street, compensatory relief for damage caused to her land as a result of Defendant’s barricades, and that punitive damages be assessed against Defendant. Following a bench trial, the trial court granted Plaintiff unimpeded access to Johnson Street, awarded her $5,100 in compensatory damages, and assessed punitive damages of $10,000 against Defendant. Defendant appealed. On appeal, we are unable to effectively review the record and must remand for further findings of fact and conclusions of law under Rule 52.01 of the Tennessee Rules of Civil Procedure.
Case Number
W2013-00398-COA-R3-CV
Originating Judge
Judge Charles C. McGinley
Case Name
Ann Bell v. James Dale Trull
Date Filed
Dissent or Concur
No
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