Town of Ellettsville, Indiana Plan Commission v. DeSpirito

by
In this property dispute, the Supreme Court retained Indiana’s common-law rule prohibiting the unilateral relocation of fixed easements and affirmed the trial court’s entry of judgment for Joseph DeSpirito on his petition for judicial review and against Richland Convenience Store Partners, LLC (Richland) and the Town of Ellettsville, Indiana Plan Commission (Commission). Despite the opposition of DeSpirito, who owned an adjacent lot, the Commission approved Richland’s request to relocate a utility easement on its lot. On judicial review, the trial court granted summary judgment against Richland and the Commission, finding that DeSpirito had a fixed utility easement through Richland’s lot and that the easement’s fixed location meant it could not be changed by either party without consent of the other. At issue on appeal was whether the Court should adhere to Indiana’s longstanding common-law rule requiring all affected estate-holders to consent to the relocation of a fixed easement or to adopt the position of the Third Restatement of Property (Servitudes), which permits the unilateral relocation of easements if a court finds the proposed relocation is reasonable, consistent with the normal use and development of the servant estate, and does not adversely affect the dominant estate. The Supreme Court rejected the minority approach reflected in the Third Restatement and affirmed. View "Town of Ellettsville, Indiana Plan Commission v. DeSpirito" on Justia Law