Legal Opinion

Carroll Electric Cooperative Corp. v. Benson

Supreme Court of Arkansas

Decided March 1, 1993No. 92-1122PublishedCited by 8 opinions

1Opinion of the Court

Jack Holt, Jr., Justice.

The issue presented is whether the appellant, Carroll Electric Cooperative Corporation (hereafter “Carroll Electric”), had a right pursuant to a 1962 easement to extend certain existing power lines across the western portion of appellees’, Joe and Amelia Benson (hereafter “the Bensons”), property or was required to acquire a new easement. We hold that the trial court erred in determining that Carroll Electric could not extend this power line under a 1962 easement but remand to the trial court for its determination of the reasonableness of the route chosen for the line.

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2Cases cited4 opinions

  1. Fulcher v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1924
  2. Drainage Dist. No. 16, Miss. Cty. v. Holly RoachSupreme Court of Arkansas · 1948
  3. Bradley v. Arkansas Louisiana Gas Co.Supreme Court of Arkansas · 1983
  4. Ark. Valley Electric Cooperative Corp. v. BrinksSupreme Court of Arkansas · 1966

3Cited by8 opinions

  1. Sunnyside Valley Irrigation District v. DickieWashington Supreme Court · 2003
  2. Sunnyside Valley Irr. Dist. v. DickieWashington Supreme Court · 2003
  3. USA Cartage Leasing, LLC v. BaerCourt of Special Appeals of Maryland · 2011
  4. Howard v. CramletCourt of Appeals of Arkansas · 1997
  5. Carroll Electric Cooperative Corp. v. BensonSupreme Court of Arkansas · 1994

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