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MUSKOGEE COUNTY • CJ-2020-00074

Donald Ray Fools v. Phillip James Kenedy, II and Angela Rene Kenedy

Filed: Feb 21, 2020
Type: CJ

What's This Case About?

Let’s cut straight to the most batshit part of this case: a man is suing his neighbors for $75,000—not because they stole his tractor, not because they let their goats run wild through his yard, but because they refuse to put a road agreement in writing and, according to him, that’s been giving him emotional distress. Yes. You read that right. We are in full-blown emotional distress over a gravel driveway territory. Welcome to rural Oklahoma, where property lines are sacred, grudges are inherited, and feelings are apparently fragile enough to shatter over unrecorded easements.

Donald Ray Fools—yes, that’s his real name, and no, we are not making this up—is a man who lives on family land in Muskogee County, Oklahoma, land that’s been in his bloodline since the days of Cherokee allotments. His slice of the American dream? Seventy-five acres, a manufactured home, and a 30-foot-wide gravel road that cuts through his neighbors’ property. That road, by the way, has been used by his family for over eighty years. That’s longer than television has existed. Longer than Oklahoma’s been a state, practically. It’s not some sketchy shortcut Donald carved out last summer with a John Deere. This is a generational thoroughfare. Grandpa Willie probably drove a horse-drawn wagon down it. Dad might’ve taken his first date out on it in a pickup with a hole in the floorboard. This road has history.

And the neighbors? That would be Phillip James Kenedy, II, and Angela Rene Kenedy—owners of the adjacent 25-acre plot that used to be part of the same family spread. How did it end up with them? Well, after Donald’s grandfather passed in 1984, the land got split. Donald’s dad got 75 acres. His uncle got the other chunk. And less than three years before this lawsuit? That uncle sold it to the Kenedys. So the Kenedys aren’t some corporate developers or out-of-state vultures. They’re just folks who bought land that used to be part of the Fools family farm. And up until recently? Everyone got along fine. The road was used by both parties. No drama. No locked gates. No “Keep Off My Lawn” signs. It was just… there. Like the wind. Or humidity. Or the deep, unshakable silence of the Oklahoma countryside.

But then—plot twist—Donald decided to buy a manufactured home. And his lender, being the cautious bean-counters they are, said, “Cool house, Donald, but before we hand over the keys, we need a written easement for that road. You know, so if the Kenedys suddenly decide to build a bunker across it, you’re not stuck living in a trailer you can’t access.” Fair enough. Banks don’t like ambiguity. They like paperwork. And signatures. And notaries. And probably emotional stability.

So Donald, being a reasonable man (or at least a man with a closing deadline), went to the Kenedys and said, “Hey, can we just sign something saying I can keep using the road? Like, officially?” And here’s where things went off the rails. The Kenedys said… no. Not “we’ll think about it.” Not “we want compensation.” Just… radio silence. Refusal. No explanation. No counteroffer. Just a hard pass on putting decades of neighborly tradition into black and white.

Now, Donald’s not just mad about the loan delay. He’s devastated. So much so that he’s claiming intentional infliction of emotional distress. Let’s unpack that, because it’s wild. In legal terms, IIED is usually reserved for truly outrageous behavior—like, say, showing up to someone’s house with a bullhorn and screaming their deepest secrets at 3 a.m. Or maybe sending them taxidermied squirrels in the mail. But here? The alleged outrage is… not signing a piece of paper? That’s the emotional trauma? That’s the tort?

And yet, Donald’s lawyer, Bill J. Nunn (yes, also real), is arguing that Donald has multiple legal paths to that easement. First, easement by implication—basically, when land is split up, and one part needs access over the other, the law assumes that access was meant to continue. Second, adverse possession, which is the legal version of “finders, keepers”—if you use someone’s land openly and continuously for long enough (usually 15 years in Oklahoma), you can claim a right to it. And third, practical necessity—which is just what it sounds like: if Donald’s land is landlocked without that road, the law won’t let the Kenedys hold his entire property hostage just because they feel like being difficult.

But instead of just letting the court sort it out quietly, Donald’s also throwing in a claim that the Kenedys knew he was entitled to the easement and are deliberately torturing him emotionally by refusing to cooperate. That’s the $75,000 ask. Seventy-five grand. For feelings. Now, is that a lot? In Muskogee County, sure—it’s more than the average annual salary. But is it reasonable for emotional distress over a driveway? Let’s be real: if your neighbor ghosted you on a property agreement, would you need therapy? Would you lose sleep? Would you lie awake at night, whispering, “Why won’t they just sign the paper? Do they hate me? Do they hate the road? Do they hate gravel?” Probably not. But Donald’s saying he did. And his lawyer’s billing by the hour, so here we are.

Now, let’s talk about what Donald actually wants. He’s not asking for money first. He wants the court to declare that he has a legal right to that easement—basically, to force the Kenedys to acknowledge what everyone already knows: that road isn’t going anywhere. He also wants attorney’s fees (fair), court costs (standard), and, of course, the $75,000 for his wounded soul. But here’s the kicker: he’s not asking for punitive damages. He’s not trying to bankrupt the Kenedys. He’s not demanding they be banned from county fairs. He just wants to be recognized. He wants closure. He wants his lender to stop calling. He wants to sleep at night without dreaming of surveyors in trench coats.

So what’s our take? Look, we’re not saying the Kenedys are evil. Maybe they have concerns. Maybe they’re worried about liability. Maybe they just hate paperwork. Or maybe—maybe—they’re holding out for a payoff and think Donald’s desperate. But come on. Eighty years of shared use. Decades of mutual access. A man trying to buy a home. And their response is silence? That’s not just petty. That’s American Gothic levels of rural standoff energy.

The most absurd part? Not the name “Donald Ray Fools.” Not the $75,000 emotional distress claim. It’s that this could’ve been avoided with one signature. One notarized document. One act of basic neighborliness. Instead, we’re here, in Muskogee County District Court, parsing legal descriptions that read like cryptic treasure maps, all because two grown adults couldn’t agree to formalize a road that’s older than both of them.

We’re rooting for the road. We’re rooting for the gravel. We’re rooting for Donald Ray Fools—not because he’s flawless, but because at some point, common sense has to win. And if the Kenedys really believe they can erase eighty years of history with a shrug, well… they might find out that in Oklahoma, dirt remembers. And so do judges.

Case Overview

Petition
Jurisdiction
District Court, Oklahoma
Filing Attorney
Relief Sought
$75,000 Monetary
Plaintiffs
Claims
# Cause of Action Description
1 Easement by Implication, Adverse Possession, Practical Necessity, Intentional Infliction of Emotional Distress Plaintiff seeks an easement over a disputed road and damages for emotional distress

Petition Text

848 words
IN THE DISTRICT COURT OF MUSKOGEE COUNTY STATE OF OKLAHOMA DONALD RAY FOOLS, ) ) ) ) ) Plaintiff, ) ) vs. ) Case No. CS-20-74 ) ) PHILLIP JAMES KENEDY, II and ) ANGELA RENE KENEDY, ) ) ) ) Defendants. ) PETITION COMES NOW the Plaintiff, Donald Ray Fools, and for cause of action against the Defendants, Phillip James Kenedy, II and Angela Rene Kenedy, he alleges and states as follows: 1. The Defendants are residents of Muskogee County, Oklahoma and may be served herein. The subject matter of this action involves real estate situated in Muskogee County, State of Oklahoma and as such venue lies in this county. 2. The Plaintiff, Donald Ray Fools, is the owner of the following described real property located in Muskogee County, Oklahoma: SE, NW, NE of Section 33, Township 11 North, Range 20 East, Muskogee County, Oklahoma and A 1/2 interest in the NE/4 of the NE/4 and the E/2 of the NW/4 of the NE/4 and the North 15 acres of the SW, NE of Section 33, Township 11 North, Range 20 East, Muskogee County, Oklahoma 3. The Defendants, Phillips James Kenedy, II and Angela Rene Kenedy are the owners of the following described property located in Muskogee County, Oklahoma: The South 825 feet of the SW/4 of the NE/4 of Section 33, Township ll North, Range 20 East of the Indian and Meridian less and except the North 165 feet of the South 686 feet of the East 264 feet of the West 400 feet of the said SW/4 of the NE/ of Section 33, Muskogee County, Oklahoma 4. The Plaintiff and his family from whom he acquired title have been using an old road stretching across the property of the parties for in excess of eighty (80) years. The legal description of this old road is as follows: A 30 foot wide roadway easement over a part of the SE/4 SE/4 NW/4 and the South 825 feet of the SW/4 of the NE/4 all in Section 33, Township 11 North, Range 20 East, Muskogee County, Oklahoma described as commencing at the SW corner of the NE/4 of Section 33; thence S88° 21' 29"W along the South line of the SE/4 SE/4 NW/4 14.82 feet to the point of beginning; thence S88° 21' 29"W 20.97 feet; thence N15° 51' 58"E 157.64 feet; thence N04° 39' 14"E 162.22 feet; thence N03° 08' 44"E 156.63 feet; thence N03° 07' 54"E 358.56 feet to a point on the North line of said South 825 feet of the SW/4 NE/4; thence along said North line N88° 21' 30"E 20.07 feet; thence S03° 07' 54"W 360.23; thence S03° 08' 44"W 156.90 feet; thence S04° 39' 14"W 164.45 feet; thence S15° 51' 58"W 153.29 feet to the point of beginning. 5. At one time both the property of Plaintiff and that of Defendants was part of a larger tract acquired by Plaintiff's family as part of a Cherokee Indian allotment. This property was never separated until Plaintiff's grandfather, Willie Fools, passed away around 1984. At that time Plaintiff's father inherited the 75 acres and Plaintiff's uncle inherited the approximate 25 acre tract which was ultimately conveyed to Defendants less than three years ago. Up until the time the property was separated and even continuing up until now the roadway in question has been used by all concerned and Plaintiff is therefore entitled to a right of way by implication as the smaller tract always served the larger for right of way purposes. 6. The Plaintiff and his family all used the roadway in question for in excess of fifteen years adversely, openly, notoriously and with color of title and claim of right and as such have acquired the right of way by adverse possession. 7. The Plaintiff’s property would be landlocked without the roadway easement in question and therefore Plaintiff has the right to a right of way by practical necessity. 8. The Plaintiff has been actively involved in maintaining the road and recently spent several thousand dollars in having the roadway graveled to which no one objected. Plaintiff purchased a manufactured home and his lender requires a written easement before closing the loan. Plaintiff requested that Defendants agree to put the easement in writing but to date Defendants have failed and refused to provide him an easement as requested. 9. The Defendants know full well that Plaintiff is entitled to an easement but are intentionally causing him emotional distress by refusing to put the easement in an unconditional writing and therefore owe Plaintiff damages in an amount in excess of $75,000.00. WHEREFORE, premises considered, Plaintiff prays that upon hearing this matter this Court award him an easement as described above together with attorney fees, costs and damages for intentional infliction of emotional distress. Respectfully Submitted, By: ____________________________ BILL J. NUNN, OBA #6726 105 East Main Street Stigler, OK 74462 918/967-3131 - Telephone 918/967-3373 – Facsimile ATTORNEY FOR PLAINTIFF VERIFICATION STATE OF OKLAHOMA ) ) SS: COUNTY OF HASKELL ) I, Donald Ray Fools, being of lawful age and being first duly sworn upon oath, state as follows: that I am the Plaintiff named in the foregoing action; that I have read the above and foregoing Petition; that the information therein contained is true and correct to the best of my knowledge and belief. Donald Ray Fools SUBSCRIBED AND SWORN to before me this 13 day of February, 2020 by Donald Ray Fools. Laurel Thornton Notary Public My Commission Expires: 8-25-21 My Commission Number: 05007951
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