Cooper v. Polos

1 Citing case

  1. Reynaud v. Koehler

    No. E2004-02999-COA-R3-CV (Tenn. Ct. App. Aug. 8, 2005)   Cited 4 times

    We do not see how it can be reasonably asserted that a gate is necessary when other available options have not been explored. This case is factually distinguishable from Cooper v. Polos, 2002 Tenn.App. LEXIS 227, No. E-2001-00665-COA-R3-CV,( Tenn.App.E.S. filed April 3, 2002) in which we held that the evidence preponderated in favor of the factual conclusion that installation of a gate was necessary for the use and enjoyment of the gatekeeper's land. In Cooper, however, there was proof that for many years, trespassers had utilized the right-of-way to gain access to other lands; that some of these trespassers had committed acts of theft and vandalism on the gatekeeper's land and the lands of others; that individuals had been seen early in the morning and late at night at various locations on the easement; that trespassers had left behind empty beer bottles and fast food wrappers; and that some of the trespassers had been armed. Ms. Reynaud did not present similar compelling proof in this case before us.