O'Keefe v. Reardon
| Decision Date | 22 April 2022 |
| Docket Number | C. A. WC-2018-0327 |
| Parties | MERLYN P. O'KEEFE and MARY ELLEN O'KEEFE, individually and as Trustees of The O'Keefe Revocable Living Trust Dated December 3, 2007, Plaintiffs, v. DONALD G. REARDON, PATRICIA W. REARDON, ROBERT C. JAMES and LOIS A. JAMES, individually and as Trustees under The James Revocable Living Trust Dated August 31, 1999, MYRTH YORK, individually and as Trustee of The Myrth York Trust - 1986 Dated June 2, 1986, JOHN P. CHAMPNEY, DENISE E. CHAMPNEY, JOSHUA R. JAMES, and JENNIFER A. JAMES, Defendants. |
| Court | Rhode Island Superior Court |
For Plaintiff: Merlyn P. O'Keefe, Esq. (pro se)
For Defendant: William Landry, Esq. Neil P. Philbin, Esq.
This matter is before the Court for decision following a non-jury trial on Counts I, II, VI, and VII of the Amended Complaint filed by Plaintiffs Merlyn P. O'Keefe (Mr. O'Keefe) and Mary Ellen O'Keefe, individually and as Trustees of The O'Keefe Revocable Living Trust (collectively Plaintiffs). Plaintiffs filed the instant action against Defendants Myrth York, individually and as Trustee of The Myrth York Trust (Ms. York), Donald G. Reardon (Mr. Reardon) and Patricia W. Reardon (Mrs. Reardon) (collectively the Reardons), Robert C. James (Mr. James) and Lois A. James (Mrs. James), individually and as Trustees under the James Revocable Living Trust (collectively the James Parents), John P. Champney (Mr. Champney) and Denise E. Champney (Mrs. Champney) (collectively the Champneys), and Joshua R. James (J. James) and Jennifer A James (J. A. James).[1] Also before the Court is Ms. York's Crossclaim and requests for relief, along with the RJC Defendants' conditional adverse possession claims.
Plaintiffs filed the operative complaint in this matter-i.e., the Amended Complaint-on October 16, 2018. See Docket. The Amended Complaint contains seven counts: Count I, Permanent Injunctive Relief;[2] Count II, Permanent Injunctive Relief;[3] Count III, Declaratory Judgment; Count IV, Claim of Reimbursement for Maintenance of Private Road; Count V, Permanent Injunctive Relief;[4] Count VI: Adverse Possession for Portions of Cul-de-Sac Area; Count VII: Adverse Possession for Entire Cul-de-Sac Area. See generally id. at 6-15.
In response to the Amended Complaint, Ms. York filed her amended answer and crossclaims, admitting the allegations contained under Counts I-III, denying the majority of allegations under Counts IV-VII, and requesting denial of the claims for relief listed under Counts V-VII. The RJC Defendants also filed an amended answer, wherein they denied Plaintiffs and Ms. York's material allegations and alleged three separate counterclaims: Count I, Easement by Substitution and/or Prescription; Count II, Trespass and Encroachment; Count III, Reimbursement as to Maintenance and Improvements for Private Road. See generally Answer to Am. Compl. and Countercls. of Defs. Donald G. Reardon, Patricia W. Reardon, Robert C. James and Lois A. James, John P. Champney, Denise E. Champney, Joshua R. James, and Jennifer A. James and Corresponding Answer and Countercls. in Resp. to Cross-cl. and Am. Cross-cl. of Def. Myrth York to the Extent Necessary.[5]
Plaintiffs decided to press the following counts at trial: (a) Count I seeking a permanent injunction against the James Relatives for alleged obstructions and trespasses within the Private Road; (b) Count II seeking a permanent injunction against the Reardons for alleged obstructions and trespasses within the Private Road; (c) Count VI seeking adverse possession of certain portions of the cul-de-sac area; and (d) Count VII seeking adverse possession of the entire cul-de-sac area. See Pls.' List of Claims for Trial 1-2. In a document titled "Plaintiffs' List of Claims for Trial," Plaintiffs unambiguously stated that "[a]ll other claims set forth in the [A]mended [C]omplaint are waived." Id. at 2 (emphasis added).
Based on the foregoing, the following claims are before this Court for decision:
This action proceeded to trial without a jury on April 12 and 13, 2021. At trial, Plaintiffs presented the following witnesses: Charee Jackson-as a professional engineer with Jackson Surveying-and Mr. O'Keefe. See Hr'g Tr. Index. After conclusion of Plaintiffs' case-in-chief, the RJC Defendants presented the following witnesses: Mr. James, J. James, J.A. James, Mr. Reardon, Mrs. Reardon, Mrs. Champney, and Mr. Champney. See id. Finally, after the RJC Defendants completed their presentation of evidence, Ms. York took the stand to testify and present evidence related to her Crossclaim. See id.
The Court requested Plaintiffs and Defendants (the Parties) submit post-trial briefs in lieu of closing arguments. See Hr'g Tr. at 200:1-14, Apr. 13, 2021; Post-Trial Mem. of Pls. O'Keefe ; Post-Trial Br. of Defs. Donald G. Reardon, Patricia W. Reardon, Robert C. James & Lois A. James, Trustees, John P. Champney, Denise E. Champney, Joshua R. James, and Jennifer A. James (Defs.' Post-Trial Mem.); see generally Myrth York's Post-Trial Mem. (York's Post-Trial Mem.). Jurisdiction is pursuant to Rule 52(a) of the Superior Court Rules of Civil Procedure and G.L. 1956 § 8-2-14(a).
The Court has reviewed the evidence presented at trial by the Parties and makes the following findings of fact.
This action involves a dispute between neighbors who possess mutual easement for the right to pass and use a private road (the Private Road), which is located off of Ministerial Road in South Kingstown, Rhode Island. See generally Am Compl.; Ex. 32 () (WHA Declaration of Easements and Covenants), at 1-2). The Parties each own an undivided one-sixth interest in the Private Road. See Ex. 32 (WHA Declaration of Easements and Covenants), at 1-2). The Private Road is referred to as Larkin Pond Road North. See Ex. 11 (aerial images of Larkin Pond Road) (depicting name of Private Road).
The Parties share in ownership of the Private Road based on title to their respective properties in a residential compound known as White Horn Acres (WHA). See Ex. 32 (WHA Declaration of Easements and Covenants), at 1-2; Ex. 1 () (WHA Plat).
WHA was developed by Joseph Cappuccio and Edgar Brown (collectively the WHA Developers) in the 1980s. Ex. 1 (WHA Plat); see also generally Ex. 31 (WHA Restrictions and Conditions Statement of Subdividers Pursuant to Section III of Rules and Regulations (WHA Restrictions and Conditions Statement); Ex. 32 (WHA Declaration of Easements and Covenants). WHA is depicted on a plat plan, entitled "Final Residential Compound White Horn Acres in the Town of South Kingstown, Rhode Island Property of Joseph Cappuccio & Edgar Brown 35 Normandy Rd. Wakefield, R.I.; Country Dr. Charlestown, R.I. Nov., 1980 Donald W. Jackson R.L.S. Box 454 Charlestown, R.I., Scale: 1" = 100'" (the WHA Plat). See Ex. 1 (WHA Plat). WHA was approved by the Town of South Kingstown Planning Board (the SKPB), and the WHA Plat was duly recorded on June 3, 1980. (Ex. 1 (WHA Plat); Hr'g Tr. 12:2-13, Apr. 12, 2021.)
The original tract was subdivided into six residential lots with one lot dedicated for open space. (Ex. 1 (WHA Plat); Ex. 31 (WHA Restrictions and Conditions Statement), at 1; Ex. 32 (WHA Declaration of Easements and Covenants), at 1.) The WHA Plat also provided for the creation of the Private Road with "the purpose of providing access to [WHA] and enhancing and protecting the desirability and attractiveness of [WHA] as a whole and said lots situated thereon." (Ex. 32 (WHA Declaration of Easements and Covenants), at 2.) By design, the Private Road is to span thirty feet in diameter, and the improved width of the road used for purposes of ingress and egress is to span twenty feet in diameter. See Ex 1 (WHA Plat).
The road specifications as set forth on the WHA Plat indicate the Private Road was never intended to be completely improved. (Ex. 1 (WHA Plat).) The location and dimensions for the Private Road are credibly and accurately depicted on the WHA Plat. See id.
In addition to its approval of the WHA Plat, the SKPB also approved conditions, restrictions, and easements relating to WHA that are detailed in the following documents: (a) the Declaration of Easements and Covenants Regarding the "Private Road" (WHA Declaration of Easements and Covenants) and (b) the Town of South Kingstown Restrictions and Conditions Statement. See generally Ex. 31 (WHA Restrictions and Conditions Statement), at 1; Ex. 32 (WHA Declaration of Easements and Covenants). Both of those documents were duly recorded on June 3, 1981. See Ex. 31 (WHA Restrictions...
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