In an action challenging a gas company’s ability to maintain its pipeline easement by clearing certain trees from plaintiff’s land, judgment for defendant is affirmed where a cleared right of way was reasonably necessary to serve the purpose of the easement.

Read Rutherford v. Columbia Gas, No. 08-3148

Appellate Information

Argued: June 17, 2009

Decided and Filed: July 30, 2009

Judges

Opinion by Judge Rogers

Partial Concurrence and Partial Dissent by Judge Clay

Counsel

For Appellant:

Steven T. Greene, Morrow, Gordon & Byrd, Ltd., Newark, OH

For Appellee:

John P. Lavelle, Lavelle & Associates, Athens, OH

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