City of Elk City v. Coffey

BRIGHTMIRE, Presiding Judge.

The question raised here is whether a municipality has a right to use residential utility easements as alleyways for trash trucks absent a specific use grant for such. The trial court held it may not and we agree.

I

Elk City wanted the trial court, in this action, to issue a mandatory injunction requiring defendants, Mr. and Mrs. Coffey, to remove part of a property line chain link fence which enclosed a ten-foot utility easement located along the north side of the lot.

The City rests its quest upon an interpretation of language creating the easement recited in the…