CITY OF KNOXVILLE v. BOYCE MCCALL - Articles

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Posted by: Tanja Trezise on Mar 1, 2012

Court: TN Court of Appeals

Attorneys 1: Boyce McCall, for appellant, pro se.

Attorneys 2: Lisa Belle Hatfield, Knoxville, Tennessee, for the appellee, City of Knoxville.

Judge(s): STAFFORD

This is a case involving a prescriptive easement. The City of Knoxville filed a petition for an injunction against the Appellant, alleging that he was obstructing a public alley that was created by a valid prescriptive easement on his property. The Appellant answered, denying that the City of Knoxville had any right to use his property as an alley and asserting a counterclaim for damages and attorney fees. The trial court found a valid prescriptive easement, and enjoined the Appellant from blocking the alley. The Appellant appeals. Because the order appealed is not a final judgment, we dismiss this appeal for lack of jurisdiction.

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