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VILLAGER CONDOMINIUM v. IDAHO POWER

No. 18377.

829 P.2d 1335 (1992)

121 Idaho 986

The VILLAGER CONDOMINIUM ASSOCIATION, INC., a non-profit Idaho corporation; and the New Villager Condominium Association, Inc., a non-profit Idaho corporation, Plaintiffs-Appellants-Cross Respondents, v. IDAHO POWER COMPANY, a Maine corporation, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, November 1990 Term.

Rehearing Denied June 1, 1992.

Attorney(s) appearing for the Case

Hawley, Troxell, Ennis & Hawley, Boise, for plaintiffs-appellants-cross respondents. John F. Kurtz, Jr. argued.

Risch, Goss, Insinger & Salladay, Boise, for defendant-respondent-cross appellant. James E. Risch argued.

BISTLINE, Justice.

The issue presented to us is whether a public utility company has the authority to relocate equipment placed on an easement in gross. We hold that the public utility may not relocate its equipment, if the new location constitutes an expansion of the easement, and not merely an increased usage of the easement.

In 1967, the Janss Corporation entered into an agreement (the Janss agreement) with Idaho Power for the supply of power and distribution...

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