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noted. “This is complicated by the fact that the easement in 192k was a 22 KV line which was replaced in 1930 by a 34,5 KV line although there is no evidence as to whether this upgraded power caused any physical change to the line or to its width and location. The result ivS that it cannot be said from the evidence that the line today is physically identical to or indeed in the exact same location as the original one installed in 1928."
Reviewing several legal precedents, Robertson concluded in the letter of opinion that “it is clear that the upgraded power line is fixed by the particular course the power company has enjoyed ...As such, the court must conclude that under the 1928 easement the power company has no authority to operate the system in the manner proposed.”
According to the judge’s letter, the case is controlled solely by the consideration
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