PATRICK KEVIN MORRIS AND GABRIELLE MORGERMAN, TRUSTEES OF THE MORRIS MORGERMAN TRUST UAD SEPTEMBER 28, 2000 v. JEFFREY M. FOSTER, ET AL - Articles

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PATRICK KEVIN MORRIS AND GABRIELLE MORGERMAN, TRUSTEES OF THE MORRIS MORGERMAN TRUST UAD SEPTEMBER 28, 2000 v. JEFFREY M. FOSTER, ET AL

Posted by: Tanja Trezise on Sep 5, 2025

Court: TN Court of Appeals

Attorneys 1: Patricia R. Young, Franklin, Tennessee, for the appellants, Patrick Kevin Morris and Gabrielle Morgerman, Trustees of the Morris Morgerman Trust UAD September 28, 2000.

Attorneys 2: Ryan W. Pratt and Gavin Dwyer, Nashville, Tennessee, for the appellee, Beechwood Plantation Homeowners’ Association, Inc.

Attorneys 3: Kathleen Robson Gordon and Huntly Gordon, Chicago, Illinois, for the appellees, Amanda K. Foster and Jeffrey M. Foster.

Judge(s): MCGEE

This appeal arises from a declaratory judgment action regarding whether one homeowner in a subdivision has the exclusive right to access a private road within the subdivision. The homeowner asserted that it had exclusive access to the road pursuant to a contractual agreement between the homeowner’s association and a previous owner of the property, so it maintained a gate across the road, preventing other homeowners from accessing it. The trial court ruled, in the context of various summary judgment motions, that the contractual agreement did not give the homeowner exclusive access to the road, and it ordered the homeowner to provide access to all HOA members. The trial court also awarded attorney fees to the respondents, which included the homeowner’s association and the owners of a neighboring property. The petitioning homeowner appeals. We affirm and remand for further proceedings.

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