Klutznick v. Thulin

I concur in the decision and the court’s opinion. I write further only to make clear, with reversal of the summary judgment, that no intimation should follow for any retrial proceeding or litigation that may hereafter be instituted that the easement at issue is actually sixty foot in width.

It would first be concluded that the easement was created by the agreement of June 10, 1968 and not altered in size or location by the easement agreement of September 14, 1986. The latter document contained no conveyancing or granting language demonstrating an intent to extend the size of any easement that…