Whary v. Plum Creek Timberlands, L.P.Annotate this Case
In 1972, Phyllis and Clarence Hudson granted an easement to Burlington Northern, Inc. Plaintiffs were the successors in interest to the Hudsons, and Defendant was a successor to Burglinton Northern. The easement was a road or driveway that ran from a public road to Plum Creek’s property, crossing Plaintiffs’ property. Plaintiffs filed a complaint against Plum Creek seeking to extinguish the scope of the easement, alleging, inter alia, extinguishment of the easement due to non-use and limitation on use of the easement. The district court granted summary judgment for Plum Creek. The Supreme Court reversed, holding (1) the district court erred in granting Plum creek’s motion for summary judgment, as an issue of material fact existed as to whether the easement had terminated; and (2) the district court erred in determining the scope of the easement. Remanded.