Brown v. CONOCOPHILLIPS PIPELINE CO.

Brazil, J.:

This appeal concerns the fate of a large oak tree on the property of Lonzella Brown. The appellant, ConocoPliillips Pipeline Company (Conoco), owns an easement giving it the right to “lay, maintain, operate, inspect and remove” its high-pressure gasoline pipeline which runs through Brown’s property. The pipeline was laid in the 1960s, and since that time the tree has sprung up above the pipeline. In 2009, Conoco sought to cut down the tree on the basis that it interfered with its ability to maintain and inspect the pipeline. Brown eventually obtained a permanent injunction…