Mielke v. Yellowstone Pipeline Co.

— C. Harold Mielke and David L. Mielke, general partners of Mielke Farms, a limited partnership (Mielke), appeal the trial court’s summary judgment dismissal of their trespass claim against Yellowstone Pipeline Company.

The following facts are not in dispute. In 1953, Mielke’s predecessors granted Yellowstone a right of way easement for the construction of pipeline across the property now owned by Mielke. A standard printed form was used for the grant of the right of way. Under the terms of the form, Yellowstone was granted

the right to lay, maintain, inspect, operate, protect, repair, replace…