Cunningham v. Otero County Electric Cooperative, Inc.

OPINION

MINZNER, Judge.

Defendant Otero County Electric Cooperative (OCEC) appeals from a judgment entered by the trial court after a bench trial on Plaintiffs’ action in ejectment and OCEC’s counterclaim asserting a right to a ten-foot easement. We affirm the trial court’s denial of OCEC’s right to a ten-foot easement. While we recognize that an action for ejectment lies for a utility line and the correlative right of a secondary easement for maintenance and safety, we nevertheless hold as a matter of law based upon the undisputed evidence and stipulations that OCEC established a prescriptive…