Wharton v. Cole

NEIKIRK, Judge.

Appellant City of Barbourville obtained from appellee Mattie Hays Cole a deed whereby the City was granted a perpetual easement for a flood-wall levee. The deed gave the City the “right to remove therefrom natural and artificial structures or obstructions, including timber and other natural growths and any other obstructions, growth, accumulation, brush, trash, filth, or any other thing which may be considered detrimental to the construction, operation and maintenance of said project,” but reserved to this landowner “all such rights and privileges in said land as may be enjoyed…