HIGDON v. KENTUCKY GAS TRANSMISSION CORPORATION


448 S.W.2d 655 (1969)

Robert HIGDON, d/b/a Higdon's Mobile Village, Appellant, v. KENTUCKY GAS TRANSMISSION CORPORATION, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing January 30, 1970.


Attorney(s) appearing for the Case

William O. Bertelsman, Bertelsman & Bertelsman, Newport, for appellant.

Robert E. Ruberg, O'Hara, Ruberg & Cetrulo, Covington, E. Dean Gerwig, Charleston, W. Va., for appellee.


DAVIS, Commissioner.

At issue on this appeal is the construction of an instrument creating a pipeline right-of-way easement and whether appellant's use of the surface near the buried pipeline constitutes an unreasonable burden upon the easement. The trial court adjudged the reasonable and proper width of the easement to be thirty feet and permanently enjoined the appellant from maintaining a concrete pad within the area encompassed in that thirty-foot strip. This...

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