Lee v. South Mississippi Electric Power Ass'n

MYERS, P.J.,

for the Court.

¶ 1. James Lee (Lee) and his wife Marsha brought suit in the Chancery Court of Lamar County against the South Mississippi Electric Power Association (SME-PA), alleging that SMEPA had triggered a reverter clause in a right-of-way instrument that provided for the placement of power lines on the Lees’ property. The reverter clause provided that the easement would terminate if the lines were continuously “inoperative” for a period of one year. Upon learning that the lines had been de-energized for approximately twelve years, the Lees sought to remove the cloud from the…