Fugate v. Nettleton
Fugate v. Nettleton
Opinion of the Court
Carolyn B. Nettleton and Blakeslee N. Chase (plaintiffs) filed a petition for declaratory judgment
In 1934 a petition, signed by plaintiffs’ predecessor in title (the owner of the easement), the owner of the underlying fee and others, was presented to the Board of Supervisors of Alleghany County. This petition requested that “all of the roads, drives and streets of Fairlawn” (including Carolton Drive) be taken into the Secondary Highway System.
The Board of Supervisors approved this request and the Commissioner accepted the streets in the Fairlawn Subdivision into the Secondary Highway System. The state improved and maintained Carolton Drive until 1952 when the area was annexed by Covington. Thereafter, until Interstate 64 was constructed, Carolton Drive was maintained by Covington.
The foregoing facts establish a dedication and acceptance of Carol-ton Drive as a public highway. See City of Norfolk v. Meredith, 204 Va. 485, 132 S.E.2d 431 (1963); City of Hampton v. Stieffen, 202 Va. 777, 120 S.E.2d 361 (1961); Keppler v. City of Richmond, 124 Va. 592, 98 S.E. 747 (1919); Buntin v. Danville, 93 Va. 200, 24 S.E. 830 (1896). The private easement was merged into the public way. Plaintiffs, therefore, were only entitled to reasonable and adequate access with which they have been provided, cf. Re Joiner Street, 177 App. Div. 361, 164 NYS 272 (1917).
Reversed and final decree.
The right of the plaintiffs to maintain a declaratory judgment suit is not challenged.
Prior to the construction of Interstate 64, Carolton Drive encompassed the claimed easement.
Reference
- Full Case Name
- D. B. Fugate, State Highway Commissioner of Virginia v. Carolyn B. Nettleton and Blakeslee N. Chase
- Cited By
- 1 case
- Status
- Published