Anderson v. McRae

• Decision Date: 24 April 1973
• Docket Number: No. 8105,8105
• Parties: Thomas L. ANDERSON et al., Appellants, v. John S. McRAE et al., Appellees.
• Court: Texas Court of Appeals

Page 351

495 S.W.2d 351

Thomas L. ANDERSON et al., Appellants, v. John S. McRAE et al., Appellees.

No. 8105.

Court of Civil Appeals of Texas Texarkana.

April 24, 1973.

Rehearing Denied May 22, 1973.

J. Richard Whittington, Hunter & Greenfield, Dallas, for appellants.

Gordon Wynne, Wynne & Wynne, Wills Point, for appellees.

CORNELIUS, Justice.

This suit was brought by Francis M. Blanks, J. E. McRee, William H . Vaughan, III, John S. McRae, Richard D. Bates, Howard E. Moore, Kathryn Fink and Wentworth T. Durant, against Thomas L. Anderson, George V. Basham, Jr., and Jess L. Irwin. Plaintiffs were lot owners in a subdivision known as Brookhaven in the Pines, located in Wood County, Texas, and they sought a declaratory judgment from the court construing certain restrictions and easements allegedly granting lot owners in said subdivision exclusive rights to Brooks Lake and to certain recreational areas and roadways located near and adjacent to the subdivided lots. Plaintiffs also sought to 'recover of . . . the defendants, their property free and clear of any claim of the defendants . . .' and to remove cloud from their title.

The defendants Anderson and Basham, when owners of approximately 1100 acres of land in Wood County, Texas, platted and subdivided a portion of said land and designated it as Brookhaven in the Pines, Section 1. Subsequently they platted and subdivided four more sections, each being named Brookhaven in the Pines, with the appropriate section number added. After the filing of the plats, Anderson purchased the interest of Basham in all of the land with the exception of the subdivided portions and certain other excluded portions. Included in the area he purchased was a lodge building and Brooks Lake. After his purchase, Anderson began commercial operations at the lodge which included the allowance of parties who patronized the lodge and who were not lot owners in any of the subdivided sections, to use the lake and the roadways and recreational areas which plaintiffs contended had been set aside for the exclusive use of lot owners.

A jury was waived and trial was to the court. At the conclusion of the evidence the court rendered judgment for the appellee lot owners, 'declaring' that the lot owners in all of the sections of Brookhaven in the Pines are entitled to the exclusive right and use of all of the roads, parks and recreational areas, with the exclusive right of fishing, hunting, swimming, boating and other recreational activities upon all of the land described in said sections, together with the lake lying adjacent to and within the boundaries of said subdivisions. The court further decreed that Anderson could operate the lodge for profit, but that no guests of the lodge could use said reserved areas unless the guest was a lot owner or was accompanied by a lot owner. From this judgment appellant Anderson only has appealed.

The trial court made findings of fact and conclusions of law, the pertinent portions of which are briefed and summarized as follows:

FINDINGS OF FACT

On or about November 6, 1964, the defendants Anderson and Basham filed in the Wood County Clerk's office a plat of a subdivision entitled Brookhaven in the Pines, Section 1, intending thereby to make a private development; that subsequently other plats were filed designating Sections 2, 3, 4 and 5 of Brookhaven in the Pines; that each plat had depicted on it the boundaries of a lake and designated roadways, pathways and recreational areas; that such plats met the requirements of Vernon's Tex.Rev.Civ.Stat.Ann. art. 6626a; that after making such plats the defendants circulated brochures which stated that Brookhaven in the Pines was a private, restricted club whose hunting and fishing privileges were available only to lot owners; that after the sale of lots began Anderson and Basham filed a declaration of restrictive use, providing that no use should ever be made of the remaining land which would interfere with the rights of lot owners to use such land for hunting, fishing, and recreation; that Anderson purchased all of the interest of Basham in the nonsubdivided land and executed and filed of record a declaration of indemnity in which he agreed to honor all representations and warranties made by Basham and Irwin in the sale of lots; that lots were sold to plaintiffs after the filing of the plats; that lots were sold and described by reference to said maps and plats; that defendants represented to plaintiffs that hunting and fishing privileges were available only to lot owners and that plaintiffs purchased their lots believing and relying on such representations and believing that such rights and facilities were reserved exclusively for lot owners and took possession of their lots in reliance on such representations, and made expensive, extensive and valuable improvements on their lots in reliance thereon and with the full knowledge of the defendants; that the plaintiff Durant expended more than $20,000.00 in reliance upon said representations; that the representations were made as inducements to purchasers to buy waterfront lots; that the plats were designed so that lot owners would be assured of waterfront lots and access to the lake only in common with other lot owners; that all such areas were for the exclusive use of lot owners; and that Anderson rented the lodge facilities to the public and non-lot owners and allowed them to have full use of the lake and recreational areas.

ADDITIONAL FINDINGS

That each plaintiff at the time of the execution of his deed entered into an agreement with defendants concerning the use of the lake which provided that the rights to use same were nonexclusive; that Anderson after purchase of Basham's interest became the sole owner of the lake and roadway and recreational areas, as well as the lodge and the 4.733 acre tract on which it is located; that the declaration of restrictive use executed by Anderson and Basham excluded the lots in the subdivisions, including the lots of plaintiffs; that the contract to purchase, deeds, declaration of restrictive use and agreement relating to the use of the lake were all of the written instruments executed by the parties relating to the rights in dispute; that all representations, whether written or oral, and brochures made by the defendants to the plaintiffs became part of their contracts to purchase and their deeds; that plaintiffs' lots were purchased more than two years prior to the suit; that Anderson made no representations, but that they were made by his agents in the scope of their employment and with his acquiescence and ratification; that a dispute has arisen between plaintiffs and defendants as to the construction of rights under the written agreements, deeds and plats referred to above.

CONCLUSIONS OF LAW

That, facts having been found as set out (enumerating some of them), the plaintiffs are entitled to an easement appurtenant on all streets, alleys and designated areas on the plats referred to in the Findings of Fact, and the defendants are estopped to claim that the plaintiffs are not entitled with other lot owners to the exclusive hunting, fishing and recreational rights in the lake and recreational areas designated in said plats, and that the defendant is entitled to use the lodge and rent its facilities to the public, but guests of the lodge may not use said areas unless they are lot owners or are accompanied by a lot owner; that the agreement relating to the use of the lake, signed by the plaintiffs and the defendants, did not grant an easement or covenant running with the land and merely provides for nonexclusive use of said lake; that Anderson by granting to lodge guests the right to use the disputed areas ousted plaintiffs from the possession of the rights and appurtenances belonging to the lots owned by them; that such actions of Anderson placed a cloud on the title of plaintiffs; that representations were made to each plaintiff by the agents and partners of Anderson as to the exclusive character of the addition, and the defendant Anderson has violated said representation; and that all of the elements of estoppel are present.

By his first two points of error appellant urges that the trial court had no jurisdiction to grant relief in the form of a declaratory judgment, and that therefore his objection to the jurisdiction should have been sustained. The gist of appellant's contention in this regard is that the trial court, rather than construing existing rights dependent upon written instruments, in effect modified or revised the rights and status of the parties, based upon representations, inducements, brochures and other extraneous matters. If, however, the trial court did err in taking this action, the error was in the Propriety of taking same, and not in the lack of jurisdiction or Power to adjudicate the issues. The Declaratory Judgments Act did not create new jurisdiction or enlarge the existing jurisdiction of the district courts, and consequently, in actions for declaratory relief the jurisdiction of the court depends upon the subject matter involved. Stecher v. City of Houston, 272 S.W.2d 925 (Tex.Civ.App. Galveston 1954, Ref'd, N.R.E.); Mason v. Mason and Brown, 182 S.W.2d 729 (Tex.Civ.App. Dallas 1944, Ref'd, w.o.m.); 19 Tex.Jur.2d p. 162. This suit involved claimed easements in, and rights to the exclusive use of, land in Wood County, Texas. Since the trial court obviously had jurisdiction of the subject matter of the suit, it had jurisdiction to grant declaratory relief if it was Proper to do so under the pleadings and evidence. 19 Tex.Jur.2d p. 162, Sec. 23, and cases there cited.

We therefore next consider whether it was proper for the trial court to grant declaratory relief in view of appellant's contention that the court was not simply construing or settling the status of the parties and their existing rights under written instruments, but was in fact granting equitable relief in modifying or...