(DOWNLOAD) "Montgomery v. Carter County" by Sixth Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Montgomery v. Carter County
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 18, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
This case, which has been in federal court since 1996, arises from a dispute over the ownership of an eleven-foot wide strip of asphalt in Carter County, Tennessee. The plaintiff, the Estate of Mary Nave, contends that the strip is nothing more than the driveway to the decedents rural residence. As far as Carter County is concerned, however, the contested stretch of asphalt is a county road and must remain a county road until the Tennessee state courts declare otherwise. Disagreeing, Mary Nave brought suit in the United States District Court for the Eastern District of Tennessee pursuant to 42 U.S.C. § 1983, alleging that Carter Countys refusal to abandon its claim to the driveway constitutes an unconstitutional taking of private property for a private use. Named as defendants were Carter County, the Carter County Commission, various county officials in both their individual and official capacities (collectively, the county defendants), and Mary Naves next-door neighbor, Luther Jean Hassell.