Hazel Gully v. Southwestern Bell Telephone Company

OPINION

RANDALL, Circuit Judge.

In 1978, Hazel Gully acquired a piece of property to which Southwestern Bell Telephone Company had been granted an easement. As provided for in the easement deed, Bell had placed a communications cable at the edge of the property. The cable was in place in 1981 when Gully, who was in the midst of planning to build a commercial office facility on the property, discovered it, together with Bell’s easement. As she was entitled to do under the terms of the easement deed, Gully asked Bell to remove the line. Bell delayed and then refused. Gully sued for declaratory…