Easterling v. Keels

The Easterlings appeal a final summary judgment in which the trial court ruled as a matter of law that a five-foot easement was not available for the Easterlings’ use. The easement in question was reserved on the subdivision plat and dedicated as follows:

[F]or the City, the County and the general public, easements of 5' along the rear and sides of all lot lines for underground and overhead utilities, surface drainage and for any purpose consistent with good practice for the development of this property.

In granting final summary judgment against the Easterlings, the trial judge ruled that this…