Garrett Rittenberry, et al. v. Kevin Pennell, et al.

This appeal concerns a contentious boundary dispute involving multiple parties. Plaintiffs Garrett and Alma Rittenberry (“the Rittenberrys”) initially filed suit seeking to have an easement set aside for their benefit through the property of Kevin and Lana Pennell (“the Pennells”) pursuant to Tennessee Code Annotated § 54-14-101 et seq. Later, the Rittenberrys filed an amended complaint that alternatively sought relief by way of an easement across the property of Appellants Chris Burke and Lesa Hall (“Burke/Hall”). The Pennells moved for summary judgment arguing that the Rittenberrys did not need to resort to the statutory remedy of an easement by necessity. Upon finding that the Rittenberrys’ property was not, in fact, landlocked, but that it abutted a public road, the trial court granted the Pennells’ motion and dismissed the Rittenberrys’ cause of action. We affirm the trial court’s judgment