Capstar Radio Operating Co. v. Lawrence

W. JONES, Justice.

I. Nature of the Case

This appeal involves a dispute over whether Capstar Radio Operating Company, (“Capstar”), holds an easement over the property of Douglas and Brenda Lawrence. Capstar filed a Motion for Summary Judgment, alleging in the alternative, that an easement existed based on the theory of either an easement by implication, an easement by necessity, or a prescriptive easement. The district court filed its Order granting summary judgment, finding that Capstar holds an easement implied by prior use, an easement by prescription, and an easement by necessity. The…