By: Derek Hawkins//April 19, 2017//
WI Supreme Court
Case Name: Garza and Julie L. Garza et al v. American Transmission Company, LLC, et al
Case No.: 2017 WI 35
Focus: Easement
Under deed of easement, respondent has right to enter appellant property to trim and remove trees.
“ATC, on the other hand, argues that to interpret the language “comprising wood pole structures” so as to proscribe other materials from being used in the structure is to read that phrase out of context and preclude evaluation of the 1969 easement as a whole. ATC further argues that replacing the wood poles with steel poles is permitted under the implied term contained in every easement that the dominant estate holder may do what is reasonably necessary to continue enjoying the right to use granted under a deed of easement. Thus, ATC argues the change from wood poles to steel poles did not invalidate the 1969 easement and, with the 1969 easement still in place, ATC has the right to enter the Garzas’ property to trim and remove the trees threatening or endangering the operation of the transmission line.”
Reversed
Concur:
Dissent: