A Lookout Mountain couple is seeking a Chancery Court injunction involving a fuss over a driveway.
Marion and John Campbell are suing Joe V. Williams III, trustee for the Joe V. Williams Jr. heirs; and Merrill and Margaret Sexton.
The suit says the Campbells in July 2003 bought from Rody Davenport a vacant lot on Fort Stephenson Road next to the Williams place.
It says the deed states that the Campbells took the property "subject to an existing asphalt driveway and the rights of others, if any, to the use thereof."
The suit, filed by attorney Philip Langford, says one or more of the defendants approached Mr. Davenport in 2000 and asked about buying a small portion of the lot so a driveway could be built. It says Mr. Davenport declined to sell any of the lot, saying the defendants already had adequate access to their property.
It says the defendants proceeded to build the driveway across the lot - without permission of Mr. Davenport.
The Campbells said they discovered the driveway when they were inspecting the lot. They said after they bought it they informed the defendants in writing that the driveway was an unauthorized encroachment on their property and demanded that it be removed.
An attorney for the defendants said in a letter of Sept. 8, 2003, that the defendants had easement rights to use the driveway.
The lawyer for the Campbells wrote back two days later reiterating their position and said the driveway must be removed by Sept. 22, 2003.
The suit says the defendants did not reply further and the driveway was not removed on the lot, where the Campbells built a house.
The Campbells said in late September or early October 2003, they paid a contractor to remove the driveway and plant bushes where it had been.
The suit says they had no objections from the defendants, but earlier this week they entered the lot without notice or permission and began cutting down the bushes with a chainsaw.
They then placed the cut-down bushes in front of the Campbells' driveway.
The Campbells asked that the defendants be enjoined from further entering the property and asked the court to declare that they own the lot free and clear of any easements.