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SOUTHLAND CORP. v. POTTER

No. 880089-CA.

760 P.2d 320 (1988)

SOUTHLAND CORPORATION, a Texas corporation, Plaintiff, Appellant and Cross-Respondent, v. Gail C. POTTER and Lori Potter, Defendants, Respondents and Cross-Appellants.

Court of Appeals of Utah.

August 25, 1988.

Attorney(s) appearing for the Case

Ralph L. Jerman (argued), B.L. Dart, Salt Lake City, for plaintiff, appellant and cross-respondent.

Robert Felton (argued), Salt Lake City, for defendants, respondents and cross-appellants.

Before BENCH, BILLINGS and JACKSON, JJ.

OPINION

JACKSON, Judge:

Southland Corporation ("Southland") appeals rejection of its claim of an easement across Potters' land for customer access to a convenience store. Potters cross-appeal dismissal of their claim for trespass damages. We affirm.

The issues before us are: (1) Did Southland's written agreements with Big Six, the predecessor in title of both parties, create an express easement across Potters' land? If not, did the severance of the...

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