Gray v. Norwest Bank Wyoming, N.A.

GOLDEN, Justice.

This case presents the issue whether an easement by implication can be created by conduct contrary to an express agreement to discontinue use of a tunnel system beneath property. In a conveyance of part of its property to Peter W. Hacker, Appellee Nor-west Bank agreed to close the tunnels at the property line but did not do so for some years. Appellant Jan Charles Gray subsequently purchased from Hacker and attempted to use the tunnels. After Norwest Bank closed the tunnels, Gray filed this action, claiming an implied easement to the tunnels. The district court granted summary…