Hughes v. Fisher
| Decision Date | 27 January 2006 |
| Docket Number | No. 30269.,30269. |
| Citation | 129 P.3d 1223,142 Idaho 474 |
| Parties | Mary HUGHES and Andrew Eker, Gwen and John Hanley, Blair Hull, David and Georgia Hutchinson and Terry Whittier, Plaintiffs-Counterdefendants-Appellants, v. George B. FISHER, LLC, an Idaho limited liability company, Defendant-Counterclaimant-Respondent. George B. Fisher, LLC, an Idaho limited liability company, Plaintiff-Respondent, v. The Pothier Point, LLC, Defendant-Appellant, and The Pothier Living Trust; and Does I through X, inclusive, Defendants. |
| Court | Idaho Supreme Court |
Williamson Law Office, PLLC, Hailey, for appellants. Ned C. Williamson argued.
Lawson & Laski, PLLC, Ketchum, for respondent. Edward A. Lawson argued.
This consolidated case on appeal involves two separate lawsuits: first, (the Prescriptive Easement case) the individual Appellants' (collectively referred to as Hughes or plaintiffs) claim of a prescriptive easement over property owned by Respondent George B. Fisher, LLC (Fisher) and, second (the Pothier case) Fisher's claim for title to, or easements over, property owned by Appellant Pothier Point, LLC (Pothier). Fisher's property is comprised of Tax Lots 7353 and 7354. In the Prescriptive Easement case, Hughes sought a prescriptive easement along a trail across Fisher's property that accessed the base of the Sun Valley ski resort. The district court rejected Hughes' claim, finding their use of the path was permissive, the public use exception applied, and Hughes failed to prove by clear and convincing evidence the other elements of a prescriptive right claim. In the Pothier case, Fisher sought a reformation of the warranty deed conveying Tax Lot 7353 to reflect an easement over the driveway and underlying utilities on a remnant parcel (Pothier parcel). Fisher also sought an easement by necessity and/or implication granting access and utilities through the Pothier parcel to Tax Lot 7354. Finally, Fisher sought title to the entire Pothier parcel based on adverse possession. The district court found for Fisher on the reformation and easement by necessity claims, but against Fisher on his adverse possession claim. The district court did, however, determine Fisher was entitled to an easement by prescription for his landscaping of the Pothier parcel. Hughes and Pothier timely appealed.
In the 1960s, the Pothiers sold to the Rickers Tax Lots 7353 and 7354, the property at issue in this consolidated case. The Rickers gave their neighbors permission to use an upper path which crossed their property to access Bald Mountain, but were unaware of a lower path (the Path). In 1975, the Rickers sold both lots to Dick Matthews. Sometime during 1975, others in the neighborhood began using the Path, but there was no evidence as to whether Matthews gave permission to use the Path. Matthews sold the property to Fisher in 1978. Fisher lived on the property from 1978 to 1992, during which time he and his family used the Path to access Bald Mountain. Apparently, Fisher gave permission to use the Path to anyone who asked and was friendly to other users. When Fisher moved off the property in 1992, he instructed his tenants, who also used the Path, to allow the neighbors and the public to use it. In 2000, Fisher proposed to develop the portion of his property over which the Path crossed. Hughes, opposed to the development which would have blocked their use of the Path, filed an action on August 14, 2000, to establish a prescriptive right to use the Path.
The 1966 warranty deed conveying Tax Lot 7353 to the Rickers contained the following language: "Access to lower part of western side of lot is guaranteed by easement use of thirty feet strip along northern side of adjoining property." The Pothiers built a house on the property for the Rickers and constructed a driveway over, and underlying utilities through, the Pothier parcel, a small parcel of land the Pothiers continued to own. The driveway and the utilities continue to be located on the Pothier parcel where Pothier originally constructed them. In 1969, the Rickers also purchased Tax Lot 7354, a piece of land that borders Tax Lot 7353, from the Pothiers. Eventually, Fisher became the owner of Tax Lots 7353 and 7354. Unaware of who owned the Pothier parcel, Fisher made improvements by paving the driveway and landscaping both sides of it with berms, trees, shrubs, and an irrigation system in the early 1980s. Until August 2000, no one interfered with Fisher's use of the Pothier parcel, and no one has ever been required to pay taxes on the Pothier parcel. In August 2000, the City of Ketchum questioned whether Fisher had access to his property. In October 2000, Pothier wrote to Fisher, demanding Fisher cease interfering with Pothier's property rights. Fisher filed a complaint against Pothier in January of 2001, for reformation of the warranty deed, adverse possession, and easement by implication and/or necessity.
After various motions had been granted and preliminary matters determined in previous hearings, the district court heard arguments in May 2003 and on July 17, 2003, issued its Findings of Fact and Conclusions of Law and a Memorandum Decision. As to the Prescriptive Easement case, the district court determined Hughes failed to show by reasonably clear and convincing evidence their right to a prescriptive easement. Importantly, the court found the use of the Path by Hughes was impliedly permissive, precluding Hughes from acquiring prescriptive rights under Idaho law. The district court also concluded Hughes used the Path along with the public and did not perform an independent act to signify to Fisher they were claiming an adverse right. Finally, the court found Hughes failed to establish continuous use during the five-year period preceding the lawsuit.
Addressing the Pothier case, the district court concluded the 1966 warranty deed should be reformed to provide an access and utility easement for Tax Lot 7353 reflecting where the grantor Pothier actually placed the driveway and utilities back in 1966. The district court found reformation warranted because the deed was ambiguous on its face and also due to a mutual mistake of the parties to the deed. The court also determined Fisher was entitled to an easement by necessity for access and utilities to Tax Lot 7354. Finally, the district court ruled that while Fisher was not entitled to adverse possession of the remaining portion of the Pothier parcel, Fisher was entitled to a prescriptive easement for the landscaping he had done on the driveway area.
Later, Fisher filed a motion to amend to add "a claim for relief for a prescriptive easement to conform to the evidence adduced at the trial" that related to the landscaping easement. Fisher's original complaint did not allege a prescriptive easement for landscaping. Fisher also requested attorney fees and costs. Hughes and Pothier opposed both of Fisher's motions and also sought to amend the district court's Findings of Fact and Conclusions of Law. The district court denied Hughes and Pothier's motions, granted Fisher's motion to amend, and, concluding Fisher was the prevailing party, awarded Fisher attorney fees and costs because Hughes' Prescriptive Easement case was frivolous. Hughes and Pothier timely filed their notice of appeal.
A district court's determination that a claimant has or has not established a private prescriptive easement involves entwined questions of law and fact. Hodgins v. Sales, 139 Idaho 225, 229, 76 P.3d 969, 973 (2003) (citing Marshall v. Blair, 130 Idaho 675, 679, 946 P.2d 975, 979 (1997)). On appeal, this Court will set aside findings of fact only if they are clearly erroneous. Id.; I.R.C.P. Rule 52(a). Thus, if a district court's findings of fact are supported by substantial and competent, though conflicting, evidence, this Court will not disturb those findings. Hodgins, 139 Idaho at 229, 76 P.3d at 973. Also, this Court gives due regard to the district court's special opportunity to judge the credibility of the witnesses who personally appear before the court. Id. Unlike our review of the district court's factual findings, this Court exercises free review over the district court's conclusions of law. Id. Consequently, we must determine whether the district court properly applied the legal requirements for an easement to the facts the district court found. Marshall, 130 Idaho at 679-80, 946 P.2d at 979-80 (prescriptive easement); Davis v. Peacock, 133 Idaho 637, 640, 991 P.2d 362, 365 (1999) (easement by necessity).
With regard to the reformation of the warranty deed issue, this Court will rely upon the trial court to weigh the evidence in determining whether a mutual mistake exists, since it is a factual issue. Cline v. Hoyle & Associates Ins., Inc., 108 Idaho 162, 164, 697 P.2d 1176, 1178 (1985). In contrast, whether a contract is ambiguous is a question of law which may be freely reviewed by an appellate court. Clark v. St. Paul Property and Liability Ins. Companies, 102 Idaho 756, 757, 639 P.2d 454, 455 (1981). Once ambiguity is established, however, the interpretation of that contract is a question of fact which will only be set aside if clearly erroneous. Id.
1. Permission
An easement is the right to use the land of another for a specific purpose that is not inconsistent with the general use of the property by the owner. Hodgins, 139 Idaho at 229, 76 P.3d at 973 (citing Abbott v. Nampa School Dist. No. 131, 119 Idaho 544, 548, 808 P.2d 1289, 1293 (1991)). The term prescription refers to "the effect of lapse of time in creating or extinguishing property interests." 4 Powell on Real Property § 34.10(1) (Michael Allan Wolf ed., Matthew...
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