Johnson v. Highway 101 Investments, LLC

HORTON, Justice.

The dominant owners of an easement appeal from an adverse grant of summary judgment dismissing all of their claims, which were premised on the servient owner’s construction of a permanent sign within the easement. The sign effectively reduced the width of the easement from twenty-five feet to nineteen feet at one point along its length. On appeal, the dominant owners argue that the district court erred in granting the servient owner’s motion for summary judgment and contend that any reduction in the width of their easement is per se unlawful.

I. FACTUAL AND PROCEDURAL BACKGROUND