MacWillie v. Southeast Alabama Gas Dist.

Stephen and Phyllis MacWillie appeal from a summary judgment for the defendant, Southeast Alabama Gas District ("Gas District"), in the MacWillies' trespass action. The MacWillies claim that the Gas District trespassed when it mistakenly installed and subsequently maintained a natural gas transmission pipeline on their property. The Gas District argues that summary judgment was proper because it had acquired an easement by prescription across the MacWillies' land and because the MacWillies' trespass action was barred by the statute of limitations. We reverse and remand.

In 1955, the Gas…