Terry v. Shady Cove Homeowners Assoc. ( 1999 )

IN THE COURT OF APPEALS OF TENNESSEE FILED AT KNOXVILLE March 24, 1999 Cecil Crowson, Jr. Appellate C ourt Clerk SHADY COVE HOMEOWNERS ) CAMPBELL CIRCUIT ASSOCIATION, INC., ) ) NO. 03A01-9810-CV-00358 Defendant/Appellant ) ) HON. CONRAD TROUTMAN v. ) JUDGE ) LARRY TERRY, ) AL COLLINGSWORTH, and ) MARILYN JOYCE COLLINGSWORTH, ) ) Plaintiffs/Appellees ) AFFIRMED Kenneth W. Holbert, Knoxville, for the Appellant. Michael G. Hatmaker, Jacksboro, for the Appellees. MEMORANDUM OPINION The right of the plaintiffs to the unrestricted use of a private road providing access to Norris Lake is the issue in this case. The deeds of the plaintiffs and those of their predecessors in title granted them a right of way and private road for recreational purposes. Subsequently, the defendant acquired the underlying fee in the road, and installed a locked gate, a key to which required membership in the defendant organization which owned the road. The trial judge held that the plaintiffs were entitled to the unrestricted use of the road and enjoined the defendant from interfering with such usage. This is a proper case for affirmance pursuant to Rule 10, Rules of the Court of Appeals.1 Costs are assessed against the appellant. 1 Affirm ance W ithout O pinion - M emor andum Opinio n. (b) The Court, w ith the con currenc e of all judges participating in the case, may affirm, reverse or modify the actions of the trial court by memorandum opinion when a formal opinion would have no precedential value. When a case is decided by memorandum opinion it shall be designated “MEMORA NDUM OPINION ,” shall not be published, and shall not be cited or relied on fo r any reas on in a su bseque nt unrelate d case. [A s amen ded by order filed April 22 , 1992.] _______________________________ William H. Inman, Senior Judge CONCUR: _______________________________ Houston M. Goddard, Presiding Judge _______________________________ Charles D. Susano, Jr., Judge 2