Opinion
No. 2012AP2198.
2013-10-17
Gary POEPPEL LIVING TRUST, Plaintiff–Appellant–Cross–Respondent, v. ENBRIDGE PIPELINES (LAKEHEAD) LLC and Enbridge Energy, Limited Partnership, Defendants–Respondents–Cross–Appellants.
The easements also granted Enbridge's predecessor in interest the right to install additional pipelines. Reading the provision as a whole, it is clear that the NINTH provision required the Trust's predecessors to notify Enbridge prior to construction of the first, or initial, pipeline of those locations where drain tile was to be installed. The Trust does not claim, nor does it cite to any evidence, that the Trust's predecessors did so. Accordingly, we conclude that neither the 1968 easements, nor the Construction Line List, required Enbridge to install the pipelines at a minimum depth of six feet where drain tile was installed after construction of the first pipeline was completed.