Wilderness Cove, Ltd. v. Cold Spring Granite Co.

MACK KIDD, Justice.

Wilderness Cove, Ltd. (‘Wilderness Cove”) appeals the judgment of the trial court declaring that Cold Spring Granite Company (“Cold Spring”) holds an undivided interest in the granite on the property that is the subject of this lawsuit, and that Cold Spring may enter that property to quarry and remove its granite. The issues presented by this appeal are: (1) did the acquisition of the granite by Cold Spring’s predecessor give it a severable estate in land, i.e., the granite deposit in place, and if so, (2) is the severable granite estate the dominant estate? These appear to…