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Bob’s Ready to Wear, Inc. v. Weaver

Kentucky Court of Appeals
569 S.W.2d 715 (1978)


Facts

The Eversoles owned a commercial block in downtown London, containing two buildings with a parking lot in the rear. The two buildings had front entrances on Main Street. The buildings could also be accessed from the rear parking lot. The Parmans (plaintiffs) rented one of the building and operated Bob’s Ready to Wear Store. Drew and Betty Weaver (defendants) rented the other building and operated a restaurant. In 1971, the Weavers and Parmans bought their respective buildings from the Eversoles. The Eversoles retained ownership of the parking lot. In order to make the property line straight along the parking lot, the Parmans also bought a 20-foot strip of land behind their store. In 1976, the Weavers purchased the parking lot. Upon doing so, the Weavers built a fence blocking access to Bob’s from the parking lot. The Parmans brought suit seeking a declaratory judgment that they had obtained an easement by implication. The trial court declined to grant an easement. The Parmans appealed.

Rule of Law

Issue

Holding and Reasoning (Park, J.)

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