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erty from 34.5 KVs to 133 KVs, using 60-70 poles with additional crossbars and bell insulators in place of the old 20-30 foot poles—all without additional compensation.
For the project, the utility relied on a right-of-way granted in 1928.
In a letter of opinion dated April 28. Judge Robertson noted that the 1928 easement was defined and granted in terms of the line “located and staked” but without a plat or other evidence as to where the line was then located or what its width would be. Accordingly, Robertson concluded that the document is ambiguous, at least as far as the line’s width and location is concerned.
In the face of that ambiguity, the judge continued, circumstances surrounding the parties and the property at the time the easement was executed must be examined. “Unfortunately, there is no such evidence before the court,” Robertson
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