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This is an appeal from the dismissal of Abraham Morrison’s appeal to a jury in the Superior Court of Marion County with regard to Mildred Gail Bullock Derdziak’s petition for a right of way across Morrison’s property.1 The facts are as follows.

On May 27, 1999, an evidentiary hearing was held in superior court on Derdziak’s petition. Therein, Derdziak declared and put forward evidence showing that necessity required the granting of a right of way across Morrison’s property as such was allegedly the only method of egress and ingress to Derdziak’s property. Morrison put forward evidence showing that Derdziak had long used an alternate means to reach her property, i.e., an approximately three-mile-long dirt road that connected her property to Highway 41, and thus a right of way across Morrison’s property was not a matter of necessity.

 
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