Carvin vs. Arkansa Power and Light

692 WordsMar 21, 20113 Pages
Case Study 4 CARVIN vs. ARKANSA POWER AND LIGHT, 14 F.3d 399, 1993 U.S. Court of Appeals for Eighth Circuit You be the Judge By: Jenny Wagner December 23, 2009 Did the easement relieve Arkansas Power and Lights from liability for flooding? Yes, Arkansas Power and Light should not be held liable for damage to property cased by flooding where an easement existed. In 1923-1947 Arkansas Power and Light (AP&L) constructed several dams on two Arkansas lakes, Hamilton and Catherine. AP & L obtained “flood easements” on property adjoining the lakes. AP&L sold lake side property and kept the easement in force. These flood easements permitted AP&L to “clear of trees, brush, and other obstruction and to submerge by…show more content…
Alabama Power Co., 1989). References Beatty, J., Samuelson, S. (2009). Introduction to Business Law,, 3rd Edition. Cengage Advantage Books Carvin v. Arkansas Power and Light, No. 90-6055, 1991 WL 540481, slip op. at 4-7 (E.D. Ark. Dec. 2, 1991) Jones v. Scott, 256 Ark. 653, 509 S.W. 2d 831, 833 (1974) Borders v. Alabama Power Co., 547 So. 2d 446, 447 (Ala.1989). Ark. Code. Ann. Sec. 15-22-210(1) Arkansas Soil & Water Conservation

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