Legal Opinion

Thar v. Edwin N. Moran Revocable Trust

Wyoming Supreme Court

Decided October 31, 1995No. 94-234PublishedCited by 3 opinions

1Opinion of the Court

TAYLOR, Justice.

We are asked to determine whether, in Wyoming, a commercial easement in gross is freely assignable. Declining the request to answer so broad a question, we affirm the decision of the district court on other grounds.

I. ISSUES

Appellants state the issues on appeal:

1. Is a commercial easement in gross an assignable easement?

2. Is the grantee of an easement in gross judicially estopped to deny its as-signability when he signs a stipulation in a prior proceeding which conveys to the heirs, executors and assigns?

Appellees restate the issue:

A Whether the easement granted to Francis…

2Cases cited4 opinions

  1. Hoffman v. SavageMassachusetts Supreme Judicial Court · 1818
  2. Farmer's Marine Copper Works, Inc. v. City of Galveston, Texas Court of Appeals, 1st District (Houston)1988
  3. Leuthold v. John A. Stees Co.Supreme Court of Minnesota · 1918
  4. Ludwig v. GoslineNew Jersey Superior Court Appellate Division · 1983

3Cited by3 opinions

  1. Ada County Highway District v. Total Success Investment, LLCIdaho Supreme Court · 2008
  2. Box L Corp. v. Teton County ex rel. Board of County CommissionersWyoming Supreme Court · 2004
  3. Thar v. Edwin N. Moran Revocable TrustWyoming Supreme Court · 1995

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