Tilley v. Green Mountain Power Corp., 90-044
| Decision Date | 08 February 1991 |
| Docket Number | No. 90-044,90-044 |
| Citation | 587 A.2d 412,156 Vt. 91 |
| Court | Vermont Supreme Court |
| Parties | Russell TILLEY and Helen Tilley v. GREEN MOUNTAIN POWER CORPORATION. |
Suzanne R. Brown of Perry & Schmucker, South Burlington, for plaintiffs-appellees.
David T. Austin of Sheehey Brue Gray & Furlong, Burlington, for defendant-appellant.
Before ALLEN, C.J., GIBSON and MORSE, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.
Plaintiffs, South Burlington property owners, sued defendant Green Mountain Power Corporation (GMP) to prevent GMP from running additional power lines along an existing easement across their property. The trial court granted plaintiffs a permanent injunction preventing construction. The court found that when the easement was initially created in 1961, a GMP representative, in conversation with Helen Tilley and Russell Tilley's father, Rollin, had assured them that "the power line would not be enlarged in scope." Relying on Isbrandtsen v. North Branch Corp., 150 Vt. 575, 579, 556 A.2d 81, 84 (1988), the court reasoned that GMP's verbal assurance was a circumstance surrounding the creation of the 1961 easement deed, which rendered that deed ambiguous. The court concluded that the only fair and reasonable interpretation of the deed, given the verbal assurance, was that no significant expansion of the power lines was intended, and gave relief to plaintiffs. We hold that the court misconstrued Isbrandtsen and violated the parol evidence rule. Accordingly, we reverse.
The 1961 deed granted GMP
the perpetual right and easement to construct, reconstruct, repair, maintain, operate and patrol, for the transmission of high and low voltage electric current and for a line of poles, which may be erected at different times, with wires and cables strung upon and from the same, and all necessary foundations, anchors, guys, braces, fittings, equipment and appurtenances, over, across and upon our land....
Also the perpetual right and easement from time to time without further payment therefor ... to renew, replace, add to and otherwise change the line and each and every part thereof....
After this deed was executed, GMP constructed a line of poles supporting a crossarm with four electrical cables. The trial court heard testimony from Russell Tilley that, prior to signing the easement, Helen and Rollin were shown a survey and plan by GMP and were assured that "there wouldn't be any changes in it." In 1977, Rollin and Helen entered into a second easement deed with GMP for the sole purpose of relocating a portion of the preexisting easement. The court found, and we agree, that the 1977 easement did not alter the intent of the 1961 deed as to GMP's right to enlarge the scope of the power line.
The event giving rise to this lawsuit was GMP's attempt to add...
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...and both are reasonable. See id. It may not be used to vary the terms of an unambiguous writing. See Tilley v. Green Mountain Power Corp., 156 Vt. 91, 93-94, 587 A.2d 412, 414 (1991). Based on a vague offer of proof that suggested that the evidence would go to the true intent of the parties......
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