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ST. JAMES VILLAGE, INC. v. CUNNINGHAM

No. 49398.

210 P.3d 190 (2009)

ST. JAMES VILLAGE, INC., Appellant, v. Jennifer A. CUNNINGHAM; Craig Cunningham; James H. Saladin; and Thelma L. Saladin, Respondents.

Supreme Court of Nevada.

June 25, 2009.

Attorney(s) appearing for the Case

McDonald Carano Wilson LLP and John Frankovich and Kimberly H. Albro, Reno, for Appellant.

Woodburn & Wedge and Nicholas F. Frey, Reno, for Respondents.

BEFORE THE COURT EN BANC.

OPINION

By the Court, HARDESTY, C.J.:

In this appeal, we consider whether the servient estate owner has any authority to unilaterally relocate an easement burdening its property, provided that the relocation does not materially inconvenience the dominant estate owner.

To facilitate the development of its property into a planned community, appellant St. James Village, Inc., asked the dominant estate owners if St. James Village could relocate...

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