T2 Expressway, LLC v. Tollway, LLC

How courts have described this case

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

• “a new use that is compatible with the original purpose is within the scope of the easement”
• “a new use that is compatible with the original purpose is within the scope of the easement”
• “[T]he purpose for which the property is acquired, either through proscription or condemnation, determines the scope of the easement, and the holder of the easement cannot impose a different or extra burden upon the landowner.”
• “[T]he purpose for which the property is acquired, either through proscription or condemnation, determines the scope of the easement, and the holder of the easement cannot impose a different or extra burden upon the landowner.”
• “The transformation of a line of railway to a public trail imputes a different purpose. The operation of a railroad line is a commercial enterprise of transport. Whereas as [sic]' public trail is an activity of recreation, not transportation.”

Source: CourtListener parenthetical corpus (CC0).