United States DC Circuit

In an easement dispute, summary judgment to defendant is reversed where the court erred in holding that defendant's right under the deed to free, uninterrupted, and unobstructed use of the road forever entitles it to widen the road without plaintiff's permission.

Appellate Information

• Decided 10/31/2003
• Published 10/31/2003

Judges

• Before:   EDWARDS, RANDOLPH, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Joseph J. Zimmerman, Assistant General Counsel, argued the cause for appellant.   With him on the briefs were Cheryl C. Burke, General Counsel, Carol B. O'Keeffe, Principal Deputy General Counsel, and Gerard J. Stief, Associate General Counsel.


• For Appellees:
  
• William M. Holm argued the cause and filed the brief for appellee.