David W. v. Paramount Homes, LLC

JUSTICE NELSON,

specially concurring.

¶36 I concur in the Court’s decision. With respect to Issue One, however, my concurrence is with the following caveats.

¶37 The basic facts are as follows. Gibsons possess historical easement rights over land owned by the Developers. The District Court and this Court have recognized those easement rights. Also, the City of Livingston annexed the area in question subject to and with recognition of Gibsons’ prior easements; in other words, the annexation did not extinguish or alter Gibsons’ easement rights. Notably, the diagram attached to the Developers’ May…