Hutchings v. Krachun

• Decision Date: 28 June 2002
• Docket Number: No. 00-285, No. 00-286.
• Citation: 49 P.3d 176,2002 WY 98
• Parties: Melvin D. HUTCHINGS and Virginia L. Hutchings, Appellants (Defendants), v. Michael S. KRACHUN, Appellee (Plaintiff). Michael S. Krachun, Appellant (Plaintiff), v. Melvin D. Hutchings and Virginia L. Hutchings, Appellees (Defendants).
• Court: Wyoming Supreme Court

49 P.3d 176

2002 WY 98

Melvin D. HUTCHINGS and Virginia L. Hutchings, Appellants (Defendants), v. Michael S. KRACHUN, Appellee (Plaintiff).

Michael S. Krachun, Appellant (Plaintiff), v. Melvin D. Hutchings and Virginia L. Hutchings, Appellees (Defendants).

Nos. 00-285, 00-286.

Supreme Court of Wyoming.

June 28, 2002.

LaVoy O. Taylor, Cokeville, WY, Representing Appellants Hutchingses.

Dennis L. Sanderson, Afton, WY, Representing Appellee Krachun.

Before LEHMAN, C.J., and GOLDEN, HILL, KITE, and VOIGT, JJ.

LEHMAN, Chief Justice.

[¶ 1] Appellants Hutchingses (hereinafter "landowners") own land over which there exists an easement providing access to property owned by appellee Krachun (hereinafter "easement owner"). After a bench trial, the district court entered a Judgment Based On Findings of Fact And Conclusions of Law ("Judgment") and companion Order ("Order") ordering, in part, that the description of the easement in this case be reformed to conform to the centerline of the existing roadway. The court further enjoined landowners from blocking or barricading the right of way of easement owner because the easement owner had erected a cattle guard that complied with Wyoming Highway Department regulations where the easement meets the county road. Finally, the district court found in its findings of fact and conclusions of law that cattle guards are unsafe and inadequate barriers within which to contain horses. Landowners and easement owner all then timely appealed the Judgment and Order.

[¶ 2] We affirm in part and reverse, in part.

ISSUES

[¶ 3] Landowners' issues are paraphrased as follows:

1. Do landowners have the right to maintain a gate in front of the cattle guard and to keep it closed when they have their horses in pasture?

2. Did the District Court err when, it in its Judgment and Order, it stated: "The description of the easement leading to the [easement owner's] property as described in the deeds from Bernard Larsen and Marcine Larsen to Roy Seaquist and from Roy Seaquist to [easement owner] is hereby reformed to conform to the centerline of the existing roadway as shown on the Plat prepared by Lloyd B. Baker?"

Easement owner sets forth the issues as:

I. Whether a cattle guard constructed to State Highway Department standards is an acceptable substitute for a gate.

II. Whether landowners of the servient estate may place a gate in front of the cattle guard.

III. Whether the trial court erred in reforming the easement to conform to a resurveyed description of the roadway.

Easement owner further specified this issue, with which landowners agree:

Is the trial court's finding that all cattle guards are unsafe and inadequate barriers with which to contain horses supported by adequate evidence?

FACTS

[¶ 4] The easement came into existence in 1977 when a previous owner of all the property conveyed a parcel of property to a predecessor of easement owner. The deed contained the following language with reference to the easement, which followed a pre-existing road used by the previous owner, to go to and from their pasture property:

Together with a perpetual right of way for ingress and egress for Grantee and his heirs, successors and assigns to and from Grantee's property to the county road, over, across and along the lands of the Grantors, to enter upon the lands of the Grantors, and said right of way is more particularly described as follows:

Beginning N 0°0' E, 462.0 feet from the W ¼ Corner of Section 15, T 34 N, R 119 W and running thence N 28°30' E, 280 feet, thence N 20°25' E, 280 feet, thence N 35°0' E, 190 feet, thence N 71°56' E, 160 feet, thence S 85°32' E, 103 feet, thence N 67°0' E, 90 feet, thence N 69°50' E, 40 feet, thence N 78°40' E, 45 feet, thence S 75°20' E, 38 feet, thence S 89°0' E, 100 feet to the County Road and extending ¾ rod each side of above described centerline.

The foregoing right of way is subject to the condition that said right of way shall remain a private road and shall be shared with the Grantors, and their heirs, successors and assigns, and shall not be fenced in by Grantee or his heirs, successors and assigns, unless permission in writing is given by the Grantors, or their heirs, successors or assigns; and further provided that Grantee may clear the snow from the full 1½ rod width of said right of way, throwing snow on the Grantors' lands on either side of said right of way for snow removal, and either Grantee or Grantors, or their heirs, successors, or assigns, shall have the right to construct and maintain a roadway over, across and along the above described easement right of way to the extent as may be deemed necessary by either party for proper access along said right of way for access to Grantors' or Grantee's land.

[¶ 5] The predecessor to easement owner built a home on his parcel and improved the easement from the county road to his property. A wire gate remained where the easement met the county road. Subsequently in 1989, easement owner herein purchased the parcel. In 1990, easement owner removed the wire gate where the easement meets the county road and constructed a cattle guard.

[¶ 6] In 1992, landowners took ownership of the servient estate to the easement, which consisted of pasture land, and began to run a purebred quarter horse business. In the fall of that year, a colt owned by landowners was injured by becoming trapped in the cattle guard allegedly because easement owner had plowed the cattle guard full of snow. An agent for landowners then placed a chain across the cattle guard so horses would not get trapped in the cattle guard or jump over it onto the county road.

[¶ 7] From the fall of 1992 until early summer of 1998, whenever landowners had horses on their pasture land, they usually kept either a wooden pole across the county road cattle guard or metal panels in front of that cattle guard to protect their horses. Easement owner would usually, but not always, remove and replace these items when passing either to or from his property. During this timeframe, landowners had approximately five horses either injured or jump the cattle guard onto the county road.

[¶ 8] As a result, landowners installed a metal gate in front of the cattle guard and kept it closed when they had horses on their pasture land. This arrangement apparently worked well until mid November of 1998 when easement owner began to leave the gate open. This led to landowners barricading the easement with a tractor. Further, since easement owner then went through a metal gate at the south side of the cattle guard to gain access to his property leaving that gate open, landowners also barricaded that entrance.

[¶ 9] This action was then commenced with easement owner filing a complaint, which was followed by landowners filing a counterclaim. Easement owner originally sought an order requiring landowners 1) to remove the gate and to not further barricade the easement, 2) pay damages for trespass, nuisance and intentional infliction of emotional distress, and 3) pay punitive damages. Later, easement owner amended his complaint requesting that the court order a reformation of the easement to the location of the existing roadway. The crossclaim of the landowners initially prayed that the district court order easement owner to 1) close any gates placed across the cattle guard, 2) install a cattle guard that was fit for horses and to keep it in adequate condition for such purposes, 3) pay damages for trespass, destruction of property, and emotional distress, and 4) pay punitive damages. The landowners then amended their crossclaim requesting that the existing roadway be moved from its present location and moved to that location described within the original deed and for resulting damages.

STANDARD OF REVIEW

[¶ 10] A trial of this case was held before the court with the court issuing specific findings of fact and conclusions of law. The purpose of specific findings of fact is to inform the appellate court of the underlying facts supporting the trial court's conclusions of law and disposition of the issues. Hopper v. All Pet Animal Clinic, Inc., 861 P.2d 531, 538 (Wyo.1993). While the findings of fact made by a trial court are presumptively correct, we examine all of the properly admissible evidence in the record. Because this court does not weigh the evidence de novo, findings may not be set aside because we would have reached a different result. Rather, the appellant has the burden of persuading the appellate court that the finding is erroneous. Id. See also Maycock v. Maycock, 2001 WY 103, ¶ 11, 33 P.3d 1114,

¶ 11 (Wyo.2001). Findings of fact are not set aside unless inconsistent with the evidence, clearly erroneous, or contrary to the great weight of the evidence. The definitive test of when a finding of fact is clearly erroneous is when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. A determination that a finding is against the great weight of the evidence means that a finding will be set aside even if supported by substantial evidence. Id. See also Mathis v. Wendling, 962 P.2d 160, 163 (Wyo.1998). Conclusions of law made by the trial court are not binding on this court and are reviewed de novo. Maycock, ¶ 12.

[¶ 11] We most recently also recognized that an easement is defined as "an interest in land which entitles the easement holder to a limited use or enjoyment over another person's property." Hasvold v. Park County Sch. Dist. No. 6, 2002 WY 65, ¶ 13, 45 P.3d 635, ¶ 13 (Wyo.2002)). We derive the meaning of an easement from its language, much as we would in the case of a deed, contract or other written instrument. Id; Lamb v. Wyoming Game & Fish Comm'n, 985 P.2d 433, 437 (Wyo.1999). In construing an easement, we seek to determine the intent of the parties to the easement. If the language of the easement is unambiguous and if the intent of the parties...