Ceynar v. Tesoro Logistics LP

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The use of an easement must be consistent with the purpose of the original dedication. David and Virginia Ceynar appealed the grant of summary judgment in favor of Tesoro Logistics LP and McKenzie County. By arguing that use of the lane exceeds the scope of the easement because parking occurs on the lane, the North Dakota Supreme Court concluded the Ceynars took a narrow view of "highway" and "highway purposes." Streets and roads are lawfully subject, as of necessity, to "parking or standing of vehicles therein for a reasonable time and in a reasonable manner." The evidence supported the fact trucks temporarily stopped on the lane when waiting to access Tesoro Logistics' property. "If we were to agree with the Ceynars' interpretation, all easements granted for highway purposes in which a vehicle temporarily stops would be beyond the scope of the original dedication. This could have a broad impact on streets in residential and commercial areas throughout the State. We conclude the present use is consistent with the scope of the easement granted for highway purposes." View "Ceynar v. Tesoro Logistics LP" on Justia Law