Gressette v. South Carolina Electric & Gas Co.

Summary

The South Carolina Supreme Court held that whether a utility easement holder may apportion part of an allowed use to third-party telecommunications companies cannot be resolved as a matter of law without construing the written easement instruments. The court distinguished cases addressing additional servitudes from the separate issue of apportionment and reversed dismissal of the landowners' complaint under Rule 12(b)(6).

Holdings

1. A utility easement holder may not establish its right to apportion part of an allowed easement use to third parties as a matter of law without construing the language of the easement instrument.
2. Dismissal was improper because the alleged restriction in the easement instruments created an issue requiring construction of the written easements, and the complaint's well-pleaded allegations had to be accepted as true.

Questions Presented

1. Whether the holder of a utility easement may apportion part of its own allowed use to third parties as a matter of law without reference to the written easement instruments.
2. Whether prior South Carolina cases concerning additional servitudes authorized dismissal despite alleged restrictive language in the written easements.

Disposition

reversed