Cox v. East Tennessee Natural Gas Co.

in D. MICHAEL SWINEY, J., and WILLIAM H. INMAN, Sr. J., joined.

OPINION

In this declaratory judgment action to declare the rights between the dominant and servient estates relating to an easement, the Trial Court held that the landowner’s proposal to add fill dirt over the pipeline easement did not unreasonably interfere with defendant’s rights. Defendant has appealed. We reverse.

In this declaratory judgment action between the dominant and servient estate to determine their respective rights, the Trial Court held that the landowner’s proposal to add fill dirt over the pipeline easement did not…