Lindemann Properties, Ltd. v. Campbell

.SUE WALKER, JUSTICE,

dissenting.

I. Introduction

By its express terms, the easement at issue here (the Easement), authorized the installation of a single radio-transmission tower and terminated if “said radio transmission tower” was “abandoned and/or removed.” Because the Easement here is susceptible to only one reasonable interpretation after applying established rules of contract construction, and because the pertinent facts—that a second,, bigger, taller, and wider radio transmission tower was installed on the dominant estate in a new location and the original “said radio transmission tower”…