City of Orlando v. Msd-Mattie

In this case of first impression in Florida, we review de novo the lower court's Summary Judgment interpreting an easement in gross for overhead electric transmission lines as prohibiting the use of the easement for general telecommunication purposes.1 Appellants, as owners of the easement, urge that they should be permitted to lease the excess capacity on their fiber optic lines within the easement to telecommunications companies for use by those companies in connection with the sale of communication services. Althoug h Appellants advance many arguments in support of their position, the resolution of this case turns on our conclusion that the easement is unambiguous, and the use proposed by Appellants is beyond its scope. We therefore affirm the lower court. In the early 1980's, Appellants' predecessor obtained rights-of-way for electric transmission lines through Orange, Polk, and Osceola Counties. Some of the easements were obtained through condemnation while others were obtained through negotiation. The easement in this case was obtained through negotiation with Appellees' predecessors in title. In relevant part, the easement contains the following language: