Headrick v. Carter

• Court: Tennessee Supreme Court
• Writing for the Court: CHARLES H. O'BRIEN; ANDERSON
• Citation: Headrick v. Carter, 897 S.W.2d 256 (Tenn. 1995)
• Decision Date: 10 April 1995
• Parties: Dr. James R. HEADRICK, and wife, Janet L. Headrick, Plaintiffs/Appellees, v. Robert L. CARTER, Defendant/Appellant.

Page 256

897 S.W.2d 256

Dr. James R. HEADRICK, and wife, Janet L. Headrick Plaintiffs/Appellees, v. Robert L. CARTER, Defendant/Appellant.

Supreme Court of Tennessee at Knoxville.

April 10, 1995.

James W. Gentry, Jr., Spears, Moore, Rebman & Williams, Chattanooga, for appellees.

James R. McKoon, Bob E. Lype, Baker, Donelson, Bearman & Caldwell, O. Michael Carter, Lusk, Carter & McGhehey, Chattanooga, for appellant.

OPINION

CHARLES H. O'BRIEN, Special Justice.

The original complaint in this case was filed by James Headrick and his wife on 10 October 1986 praying for a declaratory judgment declaring that defendant did not have the requisite authority to erect a fence around Lot 20 of the Waconda Point Subdivision, a community lot, and for a mandatory injunction requiring Carter to remove the fence around Lot 20 unless he obtained approval of all common tenants of the subdivision.

On 4 March 1987 the trial court granted Carter a preliminary motion to have all the tenants in common of the "share" lot included in the lawsuit. Some co-tenants joined the plaintiffs, others joined the defendant. Over the years, the number and make-up of the litigants fluctuated and changed. Litigants on both sides were dropped or substituted as individual property was transferred along with the accompanying undivided interest in the "share" lot. Some litigants have petitioned the court to continue in the suit on a pro se basis. Still others have petitioned the court to be relieved from all participation. Through it all, the primary litigants, the Headricks and Carters have been consistent in the pursuit of their day in court. This Court will refer to the litigants as the Headrick group and the Carter group for the purpose of simplicity.

The original subdivision, which was apparently platted and conveyed by the Tennessee Valley Authority was called the Waconda Cabin Site Subdivision located in Harrison, Tennessee, a suburb of Chattanooga. The subdivision consisted of 40 resident lots platted on each side of a county road, with one (1) "share" lot occupying a point of land jutting into Chickamauga Lake at the end of the subdivision. This lot was delineated as Lot No. 20. Lot 19 of the subdivision on the east side of the point and Lot 21 on the west side, face each other across Waconda Point Drive, which dead-ends into Share Lot 20. At the time of suit Lot 19 was owned and occupied by Robert Carter and his family. Lot 21 was owned and occupied by James Headrick and family. Lot 19 and Lot 21 border the north side of Lot 20. The remaining three (3) sides of Share Lot 20 are bordered by the waters of Chicamauga Lake.

As nearly as can be determined from this record, in chronological sequence, the Headricks took title to Lot 21 in June, 1965. They were at least the third owners of that property. The conveyance was made subject to certain restrictions imposed by the Tennessee Valley Authority on all the lots in the subdivision. Co-tenant ownership of the "share" lot is conveyed by deed along with the purchase of individual subdivision property. The deeds conveying the co-tenancy in Lot 20 state in pertinent part:

The grantee ... (2) Will use jointly with other grantees the land described as Lot 20, Tract XCR-15:20, said subdivision in which a joint and undivided interest is herein conveyed only for such purposes as are compatible with Cabin Site Subdivision development or as may be necessary for the enjoyment of the waters of Chickamauga Reservoir, including, but not limited to, such facilities as a club house, a caretaker's residence, boat storage and marine facilities, together with such necessary and pertinent outbuildings as may be required.

Headrick alleges that sometime around 1970 he constructed a basketball court with the permission of the various lot owners, partly on his own property and part on the "share" lot. A small part of the basketball court is on the Headricks property, the major part being on Share Lot 20. ¹

On 26 February 1981, an initial meeting of the Waconda Point Subdivision owners was held to address the use and care of the Share Lot. Eighteen (18) owners attended, including James Headrick. A majority elected Robert Carter president, and inter alia, adopted the following provision:

The majority of those attending called meetings will be considered a "majority" for authorizing projects and in determining where they will be. Only projects thus authorized will be allowed.

No other formal meeting of the owners has been held. However, in the spring of 1986, due to frequent trespass, illegal activity and unauthorized use of the "share" lot, a number of co-tenants became concerned over the ease of accessibility by road and by boat to the "share" lot. According to Carter, pursuant to a petition circulated concerning the construction of a fence on the "share" lot in response to which a substantial majority of the owners of property in the subdivision approved the erection of such a fence, bids were solicited for the construction of a chain-link fence, to be installed one (1) foot inside the boundaries of the "share" lot. Construction of the fence was begun in mid-June of 1986. When the construction of the fence reached the basketball court the litigation began and continues to this day.

On 28 November 1989 the Headricks voluntarily dismissed their original claim. The case continued on counter-complaints and ultimately came on to be heard on 6 November 1991.

The trial court made extensive findings of fact to the effect that the Headricks had by words and actions evidenced an intent to use and control the community lot as if it were their personal property to conduct construction activities on their property by having heavy equipment drive over the community lot, causing ruts, destroying trees, etc. They constructed a basketball court partially on their property and partially on the community property. They violated a temporary injunction order allowing construction of the fence on the lot line by interfering with the workmen endeavoring to complete the fence. The Court further found that a majority of the community lot owners desired to have the area fenced to provide security and protection of the property and its owners. He found that the Headricks declined to participate in the erection of a different type of fence adjacent to their property line and their continued failure to recognize their obligations and duties in regard to the community lot and the rights of the other 39 property owners resulted in a continuance of the litigation past the date of the temporary injunction order issued in May of 1990.

The court held that the temporary injunction previously entered in 1990 against the Headricks should be made permanent to enjoin them from (a) using the common "share" lot of the Waconda Point Cabin Site as a means of access for construction efforts with respect to their personally owned property adjoining the common "share" lot; (b) causing damage of any type to the common "share" lot; (c) interfering with the enclosure of the common "share" lot with a fence to keep out trespassers. The court further ruled that the Headricks were barred from using the common "share" lot in a manner that did not take cognizance of the rights of the other co-tenants.

A declaratory judgment was rendered, declaring that a majority of the co-tenants who own the common "share" lot may control the use of the common "share" lot consistent with the restrictions in the deeds and consistent with the individual rights of all the other co-tenants.

A judgment was entered in favor of the plaintiffs against the Headricks in the amount of $1,400 for the removal of the portion of the basketball court that is located on the common "share" lot.

A judgment was entered against the Headricks for payment to the plaintiffs of nominal damages in the amount of $10.00 for the damages caused by the Headricks to the trees, picnic tables, and making ruts in the common "share" lot. The court assessed punitive damages against the Headricks in the amount of $10,000 for the illegal and continuous abuse of the rights of the other co-tenants in the common "share" lot.

The Headricks appealed the judgment of the trial court. The Court of Appeals concurred with the trial court judgment that a majority of the co-tenants who own the common "share" lot may control the use of the lot consistent with the restrictions in the deeds and consistent with the individual rights of all the other co-tenants.

The Court of Appeals disagreed with the judgment of the trial court awarding the plaintiffs $1,400 for the removal of the portion of the basketball court located on the common "share" lot on the premise that the basketball court had been located on the property some 20 years ² before any complaint was made. That court concluded that the basketball court could remain so long as it was made available for the use of all the owners of the "share" lot.

The Court of Appeals concluded that the award of $10.00 for nominal damages was warranted because some of the trees and property on the common lot had been destroyed.

In light of their judgment that the Headricks were within their rights in objecting to the erection of the fence, which was the central issue in...