Freeman v. Sorchych

Citation245 P.3d 927,226 Ariz. 242
Decision Date13 January 2011
Docket NumberNo. 1 CA-CV 09-0720.,1 CA-CV 09-0720.
PartiesGerald C. FREEMAN and Janice B. Freeman, husband and wife, Plaintiffs/Appellants, v. Donald R. SORCHYCH, a single man, Defendant/Appellee.
CourtCourt of Appeals of Arizona
245 P.3d 927
226 Ariz. 242


Gerald C. FREEMAN and Janice B. Freeman, husband and wife, Plaintiffs/Appellants,
v.
Donald R. SORCHYCH, a single man, Defendant/Appellee.


No. 1 CA-CV 09-0720.

Court of Appeals of Arizona,
Division 1, Department D.


Jan. 13, 2011.

245 P.3d 929

Mahaffy Law Firm, P.C. By Steven C. Mahaffy, Chandler, Attorneys for Plaintiffs/Appellants.

Carol Lynn de Szendeffy, Carefree, Attorney for Defendant/Appellee.

OPINION

WINTHROP, Presiding Judge.

¶ 1 This case raises a question not previously addressed in Arizona: When multiple dominant estate holders use an easement, must they share in the costs necessary to maintain and repair that common easement, even in the absence of a cost-sharing agreement or a provision imposing such an obligation within the document conveying the easement? Gerald C. and Janice B. Freeman brought an action for contribution and unjust enrichment against Donald R. Sorchych in an effort to recoup a portion of expenses the Freemans incurred related to a roadway easement they and Sorchych use as the sole means of access to their respective properties. Recognizing that no case in Arizona has previously required contribution in such a situation, the trial court found in favor of Sorchych on the Freemans' claim for contribution, and further determined that the Freemans had failed to prove their claim for unjust enrichment. The Freemans appeal the trial court's judgment in favor of Sorchych. For the following reasons, we hold that the Freemans may seek equitable contribution from Sorchych for expenditures made for necessary roadway maintenance and repairs. However, we affirm other determinations made by the trial court, including its decision regarding the Freemans' claim for unjust enrichment. Accordingly, we affirm the judgment in part, vacate in part, and remand for supplemental proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

¶ 2 The Freemans and Sorchych are neighboring landowners who each own multiple acres of property in rural Cave Creek, Arizona. The Freemans' homestead consists of approximately thirty acres of property, and Sorchych owns approximately ten acres of property, including his home. The sole method of access to both the Freemans' and Sorchych's properties is an appurtenant roadway easement that, due to erosion from rain and other environmental factors, requires periodic maintenance and grading. The Freemans and Sorchych are apparently the only regular users of the easement, which was created in October 1969 to benefit a predecessor in interest.1 In 1991, Jerry Foster, a property owner subsequent to the predecessor in interest, sold much of his land to the Freemans, who built their home there during approximately 2003-2005.2 Foster sold his remaining property and home to Sorchych in December 2000.3

¶ 3 On October 18, 2004, the Freemans filed a complaint in Scottsdale Justice Court, alleging that they had hired T.L. Hanks Excavating, Inc. to perform maintenance on the roadway easement, but that on approximately May 20, 2004, Sorchych had tortiously interfered with that maintenance work, causing

245 P.3d 930
the Freemans to incur additional costs of $2,162.18.

¶ 4 In August 2005, the Freemans filed a First Amended Complaint, further alleging they were entitled to a one-half contribution for roadway maintenance and repair from Sorchych as the only other contiguous landowner who regularly used the roadway easement. The Freemans alleged they had expended approximately $3,685.00 in 2003, $14,633.74 in 2004, and $14,410.20 in 2005 as necessary maintenance costs on the roadway easement. They further alleged that, at their request, Sorchych had initially agreed to contribute payment for necessary roadway maintenance and repair, but had later refused to do so. The amended complaint sought damages on the theories of contribution, unjust enrichment, and tortious interference, seeking fifty percent of the allegedly necessary roadway maintenance costs,4 $2,162.18 for the additional costs incurred as a result of Sorchych's alleged tortious interference, and costs and attorneys fees pursuant to Arizona Revised Statutes ("A.R.S.") section 12-349 (2003). As a result of the amended complaint, the case was transferred to superior court.

¶ 5 In his answer, Sorchych asserted that the Freemans' expenditures were unreasonable and that he had not approved or agreed to contribute payment for the roadway's maintenance and repair, but that he had offered the reasonable use of his tractor for such maintenance and repair. He also sought costs and attorneys' fees pursuant to A.R.S. § 12-349.5

¶ 6 The Freemans filed a motion for summary judgment as to all counts against Sorchych, who filed a response and cross-motion for summary judgment. The trial court denied the parties' motions for summary judgment, with the exception that it granted partial summary judgment in favor of the Freemans with regard to their tortious interference with contract claim.6

¶ 7 On March 24 and 25, 2009, the trial court held a bench trial de novo on the remaining claims. At trial, the parties agreed that the easement in dispute was one that granted "an easement for existing roadway as it exists on October 2, 1969"; thus, a potentially critical factual question for the court was the condition of the roadway in 1969.7 The Freemans argued that all of the

245 P.3d 931
expenditures made were to maintain the road in the same condition as it existed in 1969, and they further posited that the easement carried with it an unexpressed but concomitant obligation of contribution, at least with regard to maintenance of the real property owned by third parties. Sorchych maintained that no right of contribution existed because the easement did not expressly require contribution, no statute mandated contribution, and no Arizona case law had addressed whether joint users of an easement have to share maintenance, much less required them to do so. Sorchych further disputed the need for the expenditures, maintaining that the Freemans were seeking his contribution to improve rather than simply maintain the roadway, and he also disputed the amounts expended.

¶ 8 At the end of the first day of trial, the court concluded that, although the Freemans had presented an equitable argument regarding their claim for contribution, they had demonstrated no legal right to seek contribution from Sorchych, "an unrelated party who owes no contractual or other obligation to [the Freemans], to make substantial contributions for expenditures made for a road situated on real estate owned by a third party based upon the grant of a 1969 easement that grants the parties' predecessor in interest an access right without any corresponding maintenance obligation." 8 At the conclusion of the Freemans' case, the court further determined that the Freemans could not recover under an unjust enrichment theory because, although they had expended funds that benefitted both themselves and Sorchych, they had not established that they expended any funds solely for Sorchych's benefit, i.e., to their detriment.

¶ 9 In September 2009, the trial court issued a signed judgment, dismissing the Freemans' claim for contribution and granting Sorchych's motion for judgment dismissing the Freemans' claim for unjust enrichment. The court also awarded costs in the amount of $191.00 and, upon reconsideration, attorneys'

245 P.3d 932
fees in the amount of $5,000.00 to Sorchych.

¶ 10 The Freemans filed a timely notice of appeal. We have jurisdiction pursuant to A.R.S. § 12-2101(B) (2003).

STANDARD OF REVIEW

¶ 11 We are bound by the trial court's findings of fact unless those findings are clearly erroneous. Farmers Ins. Co., 195 Ariz. at 28, ¶ 19, 985 P.2d at 513. Additionally, we will not disturb the trial court's judgment dismissing the Freemans' claims absent an abuse of discretion. See City of Tucson v. Clear Channel Outdoor, Inc., 218 Ariz. 172, 180, ¶ 16, 181 P.3d 219, 227 (App.2008). To the extent the trial court's decisions were based on an interpretation and application of the law, we review those decisions de novo. See Hall v. Lalli, 194 Ariz. 54, 57, ¶ 5, 977 P.2d 776, 779 (1999); State Comp. Fund v. Yellow Cab Co., 197 Ariz. 120, 122, ¶ 5, 3 P.3d 1040, 1042 (App.1999).

ANALYSIS

¶ 12 The Freemans argue that the trial court erred in entering judgment in favor of Sorchych on their claims for contribution and unjust enrichment. They contend that, as the beneficiary of a roadway easement that provides the only means of ingress and egress to his home, Sorchych must share in the expense of maintaining the roadway in an amount proportionate to his use.

I. Contribution

¶ 13 The Freemans first contend that the trial court erred in denying their contribution claim. In this case, the document conveying the easement does not expressly provide for a duty to repair or maintain the easement, and the parties have no agreement regarding such obligation. Nonetheless, we conclude that the owners of the easement have the shared duty to repair and maintain the easement.

¶ 14 In Arizona, contribution is an equitable remedy that has been recognized by the Arizona courts and legislature in limited circumstances, most notably in the insurance and tort contexts. See, e.g., Cal. Cas. Ins. Co. v. Am. Family Mut. Ins. Co., 208 Ariz. 416, 417-18, 422, ¶¶ 1-2, 24, 94 P.3d 616, 617-18, 622 (App.2004); Mut. Ins. Co. of Ariz. v. Am. Cas. Co. of Reading Pa., 189 Ariz. 22, 26, 938 P.2d 71, 75 (App.1996); Am. Cont'l Ins. Co. v. Am. Cas. Co. of Reading Pa., 183 Ariz. 301, 302, 903 P.2d 609, 610 (App.1995); W. Agric. Ins. Co. v. Indus. Indem. Ins. Co., 172 Ariz. 592, 595, 838 P.2d 1353, 1356 (App.1992); see also A.R.S. §§ 12-2501 to -2509 (2003) (adopting the Uniform Contribution Among Tortfeasors Act). See also Fischer v. Sommer, 160 Ariz. 530, 531, 774 P.2d 834, 835 (App.1989) (recognizing the right of a former spouse to seek contribution for payment of community debts not allocated by the divorce...

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