Capstar Radio v. LawrenceAnnotate this Case
This appeal involved a dispute over whether Capstar Radio Operating Company held an easement over the property of Douglas and Brenda Lawrence. Capstar filed a Motion for Summary Judgment, alleging in the alternative, that an easement existed based on the theory of either an easement by implication, an easement by necessity, or a prescriptive easement. The district court filed its Order granting summary judgment, finding that Capstar holds an easement implied by prior use, an easement by prescription, and an easement by necessity. The Lawrences appealed to the Supreme Court, arguing that the district court erred in granting summary judgment because genuine issues of material fact existed. The Lawrences also argued that the district court abused its discretion by failing to recuse itself for alleged bias, and that the lower court erred in determining that the Lawrences' defenses of laches and statute of limitations were meritless. Upon review, the Supreme Court reversed the district court's order granting summary judgment and remanded the case for trial on the (1) easement implied by prior use, (2) easement by necessity, and (3) prescriptive easement theories. The Court affirmed the district court's decision denying the Motion for Disqualification for Cause and affirms the court's ruling that the Lawrences' defenses of laches and statute of limitations were without merit. Nevertheless, the Court ordered that a new judge be assigned to preside over all further proceedings in this case.