James Garry et al. v. Tennessee Gas Transmission Company et al.

In this easement boundary dispute, property owners seek damages against a gas company for trespassing and nuisance. The gas company possesses three separate utility easements for natural gas pipelines on the property at issue, which easements include the right to perform maintenance and other work on the pipelines. When the gas company undertook major repairs to the pipelines in 2006, the property owners filed this action, alleging the gas company exceeded the boundaries of the utility easements and trespassed. The trial court granted summary judgment to the gas company based on the affidavit of an employee of the gas company. We find the affidavit fails to establish the employee’s personal knowledge of material facts stated therein, specifically the boundaries of each easement; accordingly, we reverse and remand.