O'Daniels v. City of Charleston

Decision Date15 July 1997
Docket NumberNo. 23735,23735
CourtWest Virginia Supreme Court
PartiesHenry O'DANIELS, Jr., Petitioner Below, Appellee, v. CITY OF CHARLESTON, a Municipal Corporation, Respondent Below, Appellant.

Syllabus by the Court

1. "The standard of appellate review of a circuit court's order granting relief through the extraordinary writ of mandamus is de novo." Syllabus Point 1, Staten v. Dean, 195 W.Va. 57, 464 S.E.2d 576 (1995).

2. When a court proceeding directly affects or determines the scope of rights or interests in real property, any persons who claim an interest in the real property at issue are indispensable parties to the proceeding. Any order or decree issued in the absence of those parties is null and void.

3. Any order or decree establishing a public highway under W.Va.Code, 17-1-3 [1989] must define the right-of-way over land with a particular and definite line.

G. Nicholas Casey, Jr., Chad B. McIntosh, Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, for Appellee.

Robert A. Goldberg, James P. McHugh, King, Allen & Guthrie, Charleston, for Appellant.

STARCHER, Justice:

This action is an appeal of a circuit court order granting a writ of mandamus compelling the respondent City of Charleston ("City") to remove fences which the petitioner below alleges blocks travel on a City street. Because the petitioner below failed to join the owner of the fences at issue, and because the circuit court's order fails to define with specificity the boundaries of the City street, we reverse the circuit court's order and remand the case for further proceedings.

I. Facts and Background

This dispute involves a dead-end City street known as Ledge Hill Drive. The record indicates that Ledge Hill Drive is a narrow road carved across a curving hillside approximately 275 feet in length, and 20 feet wide. The road dead-ends at an L-shaped turn-around area. Ledge Hill Drive appears to have been created at some point in the 1950's when the then-landowner subdivided his property into several plots.

The petitioner below, appellee Henry O'Daniels, Jr., owns a home situated at the end of Ledge Hill Drive on the downhill side. Mr. O'Daniels has owned the property since 1960. The record suggests that the only access to Mr. O'Daniels' property is through the use of the Ledge Hill Drive L-shaped turn-around which adjoins the O'Daniels' property.

On the uphill side of Ledge Hill Drive is property owned by individuals who are not parties to this action, David R. and Patricia M. Lytle ("Lytles"). The Lytles' property is adjacent and parallel to Ledge Hill Drive and stretches from the beginning of the road to the dead-end turn-around area. The Lytles own a two-car garage that abuts the end of the L-shaped turn-around area. The Lytles' deed indicates that they own the base of the L-shaped area and testimony suggests they use the area as a driveway to their garage, despite the fact that others (including Mr. O'Daniels) also use an undetermined portion of the L-shaped area as part of Ledge Hill Drive.

Since the creation of the subdivision in the 1950's, the City of Charleston has paved the street at least three times, and in so doing paved part, if not all, of the turn-around area, including the base of the L-shaped turn-around, and may have paved up to the edge of the Lytles' garage. The Lytles have also maintained the turn-around area by performing maintenance of the area. Furthermore, the City has plowed snow from the road and from the turn-around. City garbage trucks, mail carriers, delivery vehicles, and other vehicles have also used some portion of the turn-around.

The City has made other repairs to the edges of Ledge Hill Drive to improve drainage. At some point, the City installed a gravel-filled storm sewer catch basin halfway down the road on the uphill side. This catch basin was constructed next to the road, and partially within the Lytles' property line as described in the deed to the property. The parties agree that the catch basin area has been used by the public for parking, or as a means of moving off of the road to allow vehicles to pass, for more than ten years.

In late 1993 and early 1994, the Lytles installed two fences that are at the heart of this action. First, the Lytles constructed a chain-link fence between the two doors of their garage, and extended the fence perpendicular to Ledge Hill Drive and the garage, halfway into the base of the L-shaped turnaround. The Lytles then placed a steel fence post on the edge of their property line (and the edge of Ledge Hill Drive, as indicated in their deed), and stretched a removable chain from the end of the chain-link fence to the steel fence post, again, stretching perpendicular to Ledge Hill Drive. 1 This chain and chain-link fence combination splits the turnaround area in half, but allows the Lytles access to both doors of their garage. However, it inhibits large vehicles from using the area as a turn-around. For example, Mr. O'Daniels alleges that vehicles making deliveries to his house must now back the 275 feet to the main road.

The second fence consists of a split-rail fence constructed by the Lytles along the length of their property line adjacent and parallel to Ledge Hill Drive. The split-rail fence stretches from the inner edge of the turn-around zone to the end of Ledge Hill Drive. The split-rail fence cuts across the City catch basin, thereby segregating the basin from the road. Mr. O'Daniels contends that the fence now prohibits the public from using the basin area for parking or as a pull-off area to let vehicles pass.

A 1960 subdivision plat contained in the record indicates that Ledge Hill Drive consists of a 20-foot right-of-way with ten feet of asphalt pavement, and does not include the turn-around zone. However, Mr. O'Daniels alleges that the turn-around area and the catch basin are, by operation of law, part of the Ledge Hill Drive right-of-way. W.Va.Code, 17-1-3 [1989] defines the term "road" and states that:

Any road shall be conclusively presumed to have been established when it has been used by the public for a period of ten years or more, and public moneys or labor have been expended thereon, whether there be any record of its conveyance, dedication or appropriation to public use or not.

On the basis of this statute, Mr. O'Daniels alleged that because the City had been maintaining some portion of the turn-around zone and the catch basin for upwards of 30 years, and the public had also been using these areas for travel and parking, then the turn-around zone and catch basin were part of Ledge Hill Drive.

Accordingly, after the Lytles installed the two fences, Mr. O'Daniels made complaints to the City engineer alleging the fences obstructed the public's use of Ledge Hill Drive. Upon examination, a City engineer concluded that the fences were located on private property owned by the Lytles and refused to have the fences removed.

Thereafter, appellee O'Daniels filed a petition for a writ of mandamus solely against the appellant City of Charleston alleging that the City had a mandatory and nondiscretionary duty to prevent the obstruction of public rights-of-way such as Ledge Hill Drive. 2 Mr. O'Daniels petitioned the circuit court to order the City to remove obstructions from Ledge Hill Drive, namely, the fences erected by the Lytles. The Lytles were not named as parties.

After taking evidence, on February 6, 1996 the circuit court issued an order granting the appellee a writ of mandamus. The circuit court found that "Ledge Hill Drive includes the turn-around" and that "Ledge Hill Drive includes the catch basin/ditch." Additionally, the court concluded that "David Lytle is estopped from claiming the turn-around and catch basin/drain" because he failed to object to the City's use and improvement of the property. The circuit court also made findings that the City has a nondiscretionary duty to remove obstructions from public highways.

After finding the two areas constituted part of the City street, the circuit court held that the City had a nondiscretionary duty to remove, without liability, any obstructions to Ledge Hill Drive. The circuit court therefore held that:

The Respondent, the City of Charleston, West Virginia, is to take action to remove any existing obstructions and in the future prevent anyone from obstructing the free public use of said street. Specifically, the Respondent shall ensure that the posts and chains obstructing the turn-around are removed and the split rail fence is removed and/or set back from the catch basin/drain and drainage ditch area. This being the graded area that has been graveled and maintained by the Respondent and used by the public.

Furthermore, the circuit court held that the appellee was entitled to his attorney fees and other legal costs since he had on several occasions asked the City to prevent the obstruction of Ledge Hill Drive, and the City had failed to exercise its allegedly nondiscretionary duty to do so.

The City now appeals the circuit court's ruling.

II. Standard of Review

The standard of appellate review of a circuit court's order granting relief through the extraordinary writ of mandamus is de novo. Syllabus Point 1, Staten v. Dean, 195 W.Va. 57, 464 S.E.2d 576 (1995). We review a circuit court's underlying factual findings under a clearly erroneous standard. 195 W.Va. at 62, 464 S.E.2d at 581. We also review conclusions of law under a clearly erroneous standard.

III. Discussion

The City of Charleston appeals alleging that the circuit court erred in issuing a writ of mandamus involving real property in the absence of the property owners whose property rights were directly affected and erred in failing to provide a detailed description of the dimensions and boundaries of Ledge Hill Drive which are affected by the writ of mandamus. 3 We agree and reverse the circuit court's decision.

A. Failure...

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