Baugus v. Wessinger
| Decision Date | 09 January 1991 |
| Docket Number | No. 23347,23347 |
| Citation | 303 S.C. 412,401 S.E.2d 169 |
| Court | South Carolina Supreme Court |
| Parties | Philip A. BAUGUS and Dianna T. Baugus, Respondents, v. Howard WESSINGER, Alma S. Wessinger, Mary Ester Wessinger, Freida W. Huffsteller, and Bobby Wessinger; of whom Howard Wessinger and Alma S. Wessinger are Appellants. and Susan S. CAMPBELL, Respondent, v. Howard WESSINGER, Alma S. Wessinger, Mary Ester Wessinger, Freida W. Huffsteller, and Bobby Wessinger; of whom Howard Wessinger and Alma S. Wessinger are Appellants. . Heard |
Robert L. Hallman, Columbia, for appellants.
John E. Cheatham, Lexington, for respondents.
This appeal involves whether a portion of a roadway has been completely dedicated for public use, or whether a landowner is entitled to blockade the roadway portion as private property. The special referee in this case granted summary judgment in favor of the respondents, ruling that the roadway was completely dedicated. We reverse and remand.
On June 1, 1962, J. Earl Wessinger (J. Wessinger) conveyed 5.34 acres of land on Lake Murray to James R. Goodman. A plat of the property was prepared following the transfer to Goodman and the land was subdivided and named V.I.P. Estates. A dirt road was constructed on request by Lexington County, pursuant to then-existing county policy of scraping roads on private property. Lots 7 through 20 were sold by Goodman with reference to this then unnamed road. It appears Goodman intended to have six additional lots on the westernmost part of the 5.34 acre tract, but for some reason instead chose to reconvey this triangle-shaped portion of the land to his grantor, J. Wessinger. The deed specifically reconveys the entire triangle and thereafter states the intention of the grantor to convey all right, title, and interest in the 5.34 acre piece of property with the exception of lots 7 through 20.
Shortly after the construction of the first roadway, which runs in a westerly direction from what is now known as Lake Tide Drive, the County of Lexington also constructed a dirt roadway running generally in a northerly direction, but curving in an easterly direction towards the first roadway. This second road emanates from what is now known as Shady Acres Drive. These two roadways stopped short of connection with one another; the second roadway terminating near the boundary line of the triangle-shaped property reconveyed to J. Wessinger. 1
The two roadways became one when they were connected by county maintenance crews to facilitate maintenance work on the roads, the connection serving to remove the necessity for bulldozer turnarounds. This single road for a time was referred to as Blackberry (or Lover's) Lane. Lexington County discontinued maintaining the entire roadway after a period of time pursuant to a new policy of ceasing to maintain any roadway not officially placed into the county system.
In 1964, J. Wessinger conveyed the triangle-shaped piece of property, along with other lands, to his son Howard Wessinger (H. Wessinger) and Howard's wife, Alma. After the joining of the roads by the county for maintenance purposes, H. Wessinger testified that he put up a barricade across the roadway running across his property, removing it for the county only when it was necessary for the county maintenance crews to make turnarounds. The barricade was allegedly put up for the purpose of discouraging vandals and partygoers who were using the roadway to get to Lake Murray.
Apparently Lexington County then discontinued maintaining the roadways with the exception that 1,475 feet of the roadway running from Lake Tide Drive westerly to H. Wessinger's eastern boundary line was taken into the county roadway system and given the name of Nel La Lane. In 1968, H. Wessinger allegedly permanently blockaded the roadway access from his property's eastern boundary to its western boundary. This blockade allegedly has continued to the present day.
The respondents Philip and Dianna Baugus and Susan Campbell (respondents) are landowners residing to the west of H. Wessinger's triangular-shaped property parcel. They brought suit seeking access over H. Wessinger's property, their theory being primarily that Nel La Lane extended out westerly across H. Wessinger's land, and that the blockaded portion of the roadway on H. Wessinger's land is a public road by way of dedication. The respondents also sought access by virtue of the theories of easement by implication, necessity, and/or estoppel. The action was referred to a special referee. The special referee ruled by way of summary judgment that the only theory of merit argued by the respondents was the "dedication" theory, but that the respondents were entitled to summary judgment on that theory. This Court stayed the special referee's order that H. Wessinger open the roadway, pending H. Wessinger's appeal.
Summary judgment is proper where there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law. Standard Fire Ins. Co. v. Marine Contracting & Towing Co., --- S.C. ----, 392 S.E.2d 460 (1990). Summary judgment should not be granted even when there is no dispute as to evidentiary facts if there is dispute as to the conclusion to be drawn from those facts. Gilliland v. Elmwood Properties, Inc., --- S.C. ----, 391 S.E.2d 577 (1990). All ambiguities, conclusions, and inferences arising in and from the evidence must be construed most strongly against the movant. Standard Fire Ins. Co., supra.
As an initial matter, the special referee refused to grant summary judgment for the respondents on theories of easement by implication, necessity, and/or estoppel. The respondents argue these grounds on this appeal as...
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