Intermount Distribution, Inc. v. Public Service Co. of North Carolina, Inc.

TIMMONS-GOODSON, Judge.

Public Service Company of North Carolina, Inc. (“PSNC”) appeals from an order granting partial summary judgment in favor of Intermount Distribution, Inc. (“Intermount”). The relevant facts are as follows: Intermount acquired title to certain property located in Henderson County, North Carolina from Bessie Riddle (“Riddle”). The land was subject to an easement acquired by PSNC from Riddle pursuant to a right-of-way agreement dated 7 October 1955. The agreement granted PSNC and its successors and assigns, the right to maintain, construct, replace, change the size of, or…