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Try CasePortal for FreeJ. Luthy holds that the trial court exceeded its authority in ruling that replacing a broken down swing gate with an electric gate would unreasonably burden an access easement's servient estate. The trial court should presume that technological advances are favored, and whatever burden a new gate may impose on the servient estate must be balanced with the interests of the dominant estate. And the trial court may not give weight to purely speculative burdens of the proposed gate. Reversed.
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