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Property Keyed to Sprankling
Marcus Cable Associates, L.P. v. Krohn
Citation:90 S.W.3d 697 (Tex. 2002)
In 1939, Alan and Myrna Krohn’s predecessors granted to the Hill County Electric Cooperative (Hill County) an easement that allows the Hill County to use their property for the purpose of constructing and maintaining “an electric transmission or distribution line or system.” In 1991, Hill County Electric entered into a “Joint Use Agreement” with a cable-television provider, which later assigned its rights under the agreement to Marcus Cable Associates, L.P (Marcus Cable). Marcus Cable obtained permission from Hill County Electric to attach its cable lines to the Hill County’s poles. The agreement permitted Marcus Cable to “furnish television antenna service” to area residents, but Marcus Cable “shall be responsible for obtaining its own easements and rights-of-way.” Seven years later, the Krohns sued Marcus Cable, alleging that the company did not have a valid easement. In defense, Marcus Cable asserted a right to use Hill County Electric’s poles under the Hill County ‘s easement.
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