Powrzanas v. Jones Utility and Contracting Co Inc

In this Michigan case, plaintiffs Michael and Diane Powrzanas sued Jones Utility and Contracting Co Inc, a contractor for Consumers Energy, alleging trespass and negligence after the company cut down trees on their property. The trees were located near a power line easement. The plaintiffs argued the cutting exceeded the easement's legal width. The trial court granted summary judgment to the defendant, finding that the work fell within the scope of the utility easement. The plaintiffs appealed, but on December 13, 2018, the Michigan Court of Appeals affirmed the lower court's decision, concluding that the easement language permitted the necessary clearing and the contractor had not exceeded its authorization.

The Michigan Court of Appeals affirmed the trial court's grant of summary judgment in favor of Jones Utility and Contracting Co Inc, holding that the tree cutting was within the permitted scope of the easement.

Whether the contractor's tree removal activities exceeded the express width and purpose of the utility easement, thereby constituting trespass and negligence.

The ruling clarified the extent to which utility contractors may clear vegetation within easement boundaries, reinforcing the rights of utility companies and their agents to maintain power line corridors. It provided guidance for property owners on the limits of trespass claims when trees are removed under existing easement rights.