Salt River Enterprises, Inc. v. Heiner

ROONEY, Chief Justice.

Appellant-plaintiff instituted this action against appellee-defendant alleging that appellee had constructed an easement road across appellant’s property at a different location than that described in a written road easement given to appellee by appellant’s predecessor in interest. After a trial to the court, the written easement was held to be ambiguous and the intention of the parties was found to require construction of the road at the location where appellee did construct it.

We affirm.

Before addressing the issues presented on appeal, we must determine the extent of…