The Glenelk Association, Inc., Petitioner v. Ronald P. Lewis, Respondent

Summary

The court held that a petitioner seeking to condemn a private way of necessity for future development must present a sufficiently concrete development purpose to permit the trial court to determine the easement's necessity and scope and to limit the burden on the condemnee's property. Because Lewis offered materially different possibilities for the number of residences and road width, the trial court properly dismissed the petition. The court reversed the court of appeals and reinstated the trial court's judgment, while remanding for consideration of attorney fees.