Kyle Andrew Lansberry

Practice Details

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• Firm Information
  Position

  Partner

  Firm Name

  Lewis Wagner, LLP
• Representative Cases & Transactions
  Cases

  Experience: Representative Cases: Defense of trespass, conversion
  fraud claims against utility company regarding scope of utility easements
  Defense of trespass, conversion
  fraud claims against utility company regarding scope of utility easements
  Plaintiff is the owner of property subject to two utility easements held by defendant Utility Company. Utility Company contracted with defendant Tree Company to trim
  remove trees on Plaintiff's property that were interfering with the electrical lines. After several trees were trimmed
  /or removed, Plaintiff filed this lawsuit alleging trespass, conversion
  fraud on the part of the defendants as a result of the work performed on the property. Plaintiff argued the Defendants' actions were done without Plaintiff's consent
  exceeded the authority granted by the easements.
  Lewis Wagner, LLP represented both Defendants
  moved for summary judgment, contending that the Defendants had the legal right to maintain the electrical line on Plaintiff's property pursuant to the easements. The defense further maintained that Plaintiff's consent was not required for the services performed on his property. The Court agreed,
  found that the Defendants had lawfully entered Plaintiff's property
  acted in accordance with the easements in performing tree maintenance for the preservation of the electrical line. The Court granted summary judgment for the Defendants as to all Counts of Plaintiff's Complaint. Plaintiff did not appeal.