Martin v. Garner

James and Christine Garner filed an amended complaint seeking a declaration for determination of title to a private alley running between their property and property owned by H. Curtiss Martin and Virginia Drewry (Martin). The circuit court (1) determined that the Garners held fee simple title up to the centerline of the portion of the alley abutting Martin's property; and (2) dismissed Martin's cross-claim against other abutting property owners seeking a determination as to ownership of the remaining length of the alley because there was no justiciable controversy as to the abutting owners. The Supreme Court affirmed, holding that the circuit court (1) properly ruled that the Garners owned in fee simple up to the centerline of that portion of the alley abutting Martin's property; and (2) did not err in ruling there was no justiciable controversy with regard to Martin's claim of ownership of the remaining length of the alley, as Martin failed to allege that the abutting property owners had asserted an ownership interest in the alley.View "Martin v. Garner" on Justia Law