Fort v. AT & T Communications, Inc.

ADAMS, Justice.

This is an appeal by James W. Fort and Dolores Fort from an order setting aside a $100,000 verdict in their favor and granting a new trial. We affirm in part and reverse in part.

The evidence indicates that in 1985, representatives of AT & T approached the Forts, seeking to obtain an easement that would permit AT & T to lay an optic fiber cable across the Forts’ property. The evi*136dence suggests that, when the Forts were unwilling to grant the easement, AT & T contacted Smoke Rise Development Corporation, the developer of the Forts’ subdivision, and obtained an easement across the…