Cline v. Richardson, 93-1163

• Court: Court of Appeals of Iowa
• Writing for the Court: Heard by DONIELSON, C.J., HUITINK, J., and McCARTNEY; DONIELSON
• Citation: 526 N.W.2d 166
• Parties: Ricky E. CLINE, Appellant, v. David RICHARDSON and Sheila Richardson, Husband and Wife; Contel of Iowa, Inc. d/b/a GTE Iowa; Iowa Electric Light and Power Company; and Harry Wright d/b/a Wright's Plumbing, Heating, Air Conditioning & Excavating, Appellees.
• Docket Number: No. 93-1163,93-1163
• Decision Date: 25 October 1994

Page 166

526 N.W.2d 166 Ricky E. CLINE, Appellant,
v.
David RICHARDSON and Sheila Richardson, Husband and Wife; Contel of Iowa, Inc. d/b/a GTE Iowa; Iowa Electric Light and Power Company; and Harry Wright d/b/a Wright's Plumbing, Heating, Air Conditioning & Excavating, Appellees. No. 93-1163. Court of Appeals of Iowa. Oct. 25, 1994.

Page 167

Timothy W. Dille and J.W. McGrath of McGrath & McGrath, P.C., Keosauqua, for appellant.

Allan C. Orsborn of Keith, Orsborn, Bauerle, Milani & Neary, Ottumwa, for appellees Richardsons.

Stanley J. Thompson of Davis, Hockenberg, Wine, Brown, Koehn, & Shors, P.C., Des Moines, for appellee Contel of Iowa.

Thomas L. Anders, Centerville, for appellee Iowa Elec.

Harry Wright, pro se.

Heard by DONIELSON, C.J., HUITINK, J., and McCARTNEY, Senior Judge. ^*

DONIELSON, Chief Judge.

This is an appeal from an equitable action involving the interpretation of easement language granting a right of ingress and egress. We affirm the trial court's ruling that the easement includes the right to install utilities, reverse the inclusion of deposition costs in the court costs, and remand with instructions.

In 1981 Scott Richardson wished to purchase a piece of real estate from Mr. Gerald Pasch. The land was approximately three acres in size. Mr. Richardson was unable to obtain financing to buy the entire tract, so his father, David Richardson, and stepmother, Sheila Richardson, agreed to purchase a one-acre piece of the real estate at the south

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end of the property and Scott was to purchase the remaining portion of the acreage on the north side.

David and Sheila planned to build a home on the land they purchased from Pasch. Evidence at trial indicated David, Sheila, Scott, and Pasch discussed the need to provide an easement along the west edge of the real estate to ensure David and Sheila would have access and could install utilities to their property. When Pasch conveyed the land to the Richardsons it contained language providing David and Sheila with a "right for ingress and egress" over the land purchased by Scott.

Scott Richardson sold his land to Ricky E. Cline in 1988. In the fall of 1990 David and Sheila Richardson (hereinafter "Richardsons") had underground water, telephone, and electricity lines installed under the land subject to their easement. Cline concedes the land he purchased is subject to an access easement giving David and Sheila Richardson the right to go in and out of their property, but he argues their easement for ingress and egress does not include the right to install utilities.

In December 1991 Cline filed suit against the Richardsons. He alleged the installation of the utility lines constituted a use of the servient estate for an unauthorized purpose and was a trespass. Cline sought injunctive relief or, alternatively, damages for the alleged increase in value to the Richardsons' property resulting from the installation of the utility lines.

A trial was held on June 21-22, 1993, and the trial court found "it was clearly in the intent of the parties at the time the easement was created that it be an open easement and that it be available for installation of utilities." The court alternatively found even if the easement were construed not to allow the installation of utilities, Cline had failed to prove a diminution in value to his property and would not be entitled to recovery. The trial court dismissed Cline's petition and assessed court costs against him.

Cline appeals. Our scope of review in this equity action is de novo. Iowa R.App.P. 4. We give weight to the fact findings of the trial court, especially when considering the credibility of the witnesses. Iowa R.App.P. 14(f)(7).

I. Parol Evidence

Cline contends the trial court erred in utilizing parol evidence in reaching its ruling. The parol evidence...