Almon v. Blandor Way, LLC
The issue on appeal in this case is whether the trial court erred in determining that, as a matter of law, appellant William Almon has no right to use public utility easements located upon the neighboring property of respondent Blandor Way LLC, a Delaware Limited Liability Corporation, for the purpose of connecting appellant's property to the public sewer line installed underneath Blandor Way. The parties brought opposing motions for summary judgment, which the court resolved in favor of respondent. Appellant argues that the public utility easements at issue are appurtenant to his property and he is within the class of persons entitled to use the public utility easements because his property is landlocked, the easements were established for the benefit of his property, and installation of a sewer connection across respondent's property is the only possible way for his property to connect to the main public sewer line. Respondent counters that appellant is a private individual who is not within the class of persons entitled to use the public utility easements since appellant is not a public utility provider and appellant may use the private easements to connect to the public sewer. In this appeal, the parties do not dispute that public utility easements were created; the only question is their nature and scope.
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