R & S INVESTMENTS v. Auto Auctions, Ltd.

Moore, Judge.

INTRODUCTION

R&S Investments (R&S) holds an easement on the property of Auto Auctions, Ltd., for the use of two sanitary sewer lagoons and all necessary piping and connections to the lagoons. After acquiring the property on which R&S’ easement lies, Auto Auctions relocated the easement by filling one of the original lagoons with dirt, constructing a new lagoon for use by both property owners, and providing R&S with the necessary connections to the new lagoon. R&S filed suit against Auto Auctions and Phil B. Durst, the president of Auto Auctions, in the district court for Lancaster…