Gray v. Norwest Bank Wyoming, NA
Decision Date | 04 August 1999 |
Docket Number | No. 98-208.,98-208. |
Citation | 984 P.2d 1088 |
Parties | Jan Charles GRAY, Appellant (Plaintiff), v. NORWEST BANK WYOMING, N.A., Appellee (Defendant). |
Court | Wyoming Supreme Court |
Jerry A. Yaap of Bishop, Bishop & Yaap, Casper, Wyoming, Representing Appellant.
Bruce N. Willoughby of Brown, Drew, Massey & Sullivan, Casper, Wyoming, Representing Appellee.
Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN and HILL, JJ.
This case presents the issue whether an easement by implication can be created by conduct contrary to an express agreement to discontinue use of a tunnel system beneath property. In a conveyance of part of its property to Peter W. Hacker, Appellee Norwest Bank agreed to close the tunnels at the property line but did not do so for some years. Appellant Jan Charles Gray subsequently purchased from Hacker and attempted to use the tunnels. After Norwest Bank closed the tunnels, Gray filed this action, claiming an implied easement to the tunnels. The district court granted summary judgment to Norwest Bank, and Gray appeals.
As a matter of law, an easement will not be implied where, at severance of unified ownership, the owner and the purchaser expressly agree to discontinue use of that property claimed as an easement. We affirm the order granting summary judgment.
Gray presents these issues:
Norwest Bank rephrases the issues as:
Norwest Bank was the owner of real properties at 152 and 153 North Durbin Street, Casper, Wyoming. These properties, Lots 12, 13, and 14 of Block 11, Lots 1 and 2 of Block 12, and the West 40 feet of Lots 11 and 12 of Block 57, were known as the Norwest Bank Office Building and the Durbin Street Drive-Up. Norwest Bank also was, and continues to be, the owner of real property adjoining 152 North Durbin Street to the south. During the time that Norwest Bank owned all of these properties, it built an underground tunnel system connecting the properties. The tunnel system served the purpose of allowing travel between the properties and underneath North Durbin Street in order to access the drive-up banking facility and to connect utilities between the properties. The tunnel from the property at 152 North Durbin Street proceeds generally south, and the tunnel from the property at 153 North Durbin Street proceeds generally southwest underneath the street, and the tunnels from those two properties connect at a point on the property retained by Norwest Bank underneath its parking lot where they were connected also to underground access to the building located on Norwest Bank's parcel.
On October 2, 1992, Norwest Bank, as Seller, and Peter W. Hacker, as Purchaser, entered into an Offer, Acceptance and Receipt Specific Performance Contract for the purchase and sale of the said real properties at 152 and 153 North Durbin Street, and in that contract they agreed "Seller at Seller's expense agrees to close off tunnels at the property line of properties being purchased." On December 3, 1992, Norwest Bank conveyed to Peter W. Hacker and Sarah J. Hacker the real properties at 152 and 153 North Durbin Street, together with all improvements, and subject to reservations of record. Four years later, Gray acquired ownership of the real properties at 152 and 153 North Durbin Street from the Hackers. Gray had meetings with a representative of Norwest Bank, and wrote a letter to Norwest Bank to request and demand use of the subject tunnel system, but such use was rejected, and Norwest Bank closed off and denied Gray access to the tunnels beneath Norwest Bank's adjoining property. Gray filed suit, requesting that the Court declare he had an implied easement, and requesting damages for Norwest Bank's interference with that implied easement.
In his complaint, Gray contended that Norwest Bank continued to allow use of the tunnels after the sale; however, Norwest Bank denies this allegation. Gray also contended that he informed...
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