Sunset Lake Water Service District v. Remington

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the person who platted a town in 1907 had intended an easement in gross, where he reserved to himself and his “associates and assigns” the “exclusive right” to construct and operate utility infrastructure
• noting that, in Darling, “the dedicator attempted to dedicate a public street which could be used only by adjoining landowners, not the public”
• refusing to limit or restrict the term “assigns” after looking at the definition of “assigns” as “one to whom a right of property is legally transferred,” and “generally comprehends all those who take * * * under the assignor, whether by conveyance, devise, descent or act of law”
• use of the phrase \his associates and assigns\ clearly indicated an intent that the easement be alienable
• an easement was in gross rather than appurte- nant because it “was personal to [the creator] in the sense that it was not an incident of his possession of a dominant tenement”
• “Easements in gross which have commercial value are assignable.”

Source: CourtListener parenthetical corpus (CC0).