Johnson v. Highway 101 Investments, LLC
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The dominant owners of an easement appealed an adverse grant of summary judgment dismissing all of their claims, which were premised on the servient owner’s construction of a permanent sign within the easement. The sign effectively reduced the width of the easement from twenty-five feet to nineteen feet at one point along its length. On appeal, the dominant owners argued that the district court erred in granting the servient owner’s motion for summary judgment and contended that any reduction in the width of their easement was per se unlawful. Upon careful consideration of the facts of this case, the Supreme Court held that the erection of a permanent structure within an easement of definite location and dimension was per se unreasonable. The Court reversed the grant of summary judgment in favor of Defendant-Respondent Highway 101 Investments, LLC, and remanded the case for further proceedings.
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