Johnson v. Southwestern Public Service Co.

REYNOLDS, Chief Justice.

Randolph Johnson and wife, Betty Johnson, appeal from a take-nothing summary judgment, which denied them the relief they summarily requested in their action for a declaratory judgment to construe a right-of-way easement contract and summarily granted the relief for which Southwestern Public Service Company moved. Determining that the Johnsons neither have conclusively shown nor raised a material fact issue whether SPS violated the terms of the easement, and that SPS is entitled to a summary judgment as a matter of law, we affirm.

The material facts are not in dispute.…