Town of Ellettsville, Indiana Plan Commission and Richland Convenience Store Partners, LLC, Appellants v. Joseph V…

Summary

The Indiana Supreme Court held that a utility easement whose location is fixed by a recorded subdivision plat may not be relocated unilaterally by the servient-estate owner. The Court rejected the Restatement approach permitting reasonable unilateral relocation and reaffirmed Indiana's bright-line common-law rule requiring consent of all affected estate-holders. It affirmed summary judgment for the easement holder after the trial court cured the earlier jurisdictional defect by entering a final judgment. No separate opinions were filed.