Moore v. Choctawhatchee Electric Co-Operative, Inc.

RAWLS, Chief Judge.

Appellants instituted this action predicated upon the theory of inverse condemnation by which they contend that appellee has, without lawful authority, appropriated to its own use a part of their real property. Both parties moved for a summary judgment based on the pleadings, deposition of Moore, and an affidavit submitted by defendant’s manager. The chancellor entered a summary final decree in favor of defendant Choctawhatchee, hence this appeal by appellants.

Appellants pose the following two points:

WHEN THE WIDTH OF A PRESCRIPTIVE EASEMENT IS IN DISPUTE, WAS THE LOWER…