Magna, Inc. v. Catranis

• Decision Date: 31 July 1987
• Citation: 512 So.2d 912
• Parties: MAGNA, INC. v. Nick T. CATRANIS, et al. 85-1503.
• Court: Alabama Supreme Court

Page 912

512 So.2d 912

MAGNA, INC. v. Nick T. CATRANIS, et al.

85-1503.

Supreme Court of Alabama.

July 31, 1987.

J. Edward Thornton of Thornton & McGowin, Mobile, for appellant.

Jere Austill, Jr., of Austill, Austill & Austill, Mobile, for appellees.

HOUSTON, Justice.

Magna, Inc., is the owner in fee of a parcel of real estate with a building on it that is subject to a long-term lease to Delchamps, Inc. Delchamps, Inc. has subleased the property to Masland Carpets, a factory carpet outlet store; and Masland is in possession of the building (the lot and building are hereinafter referred to as the "Masland building"). Magna has, by virtue of a deed of conveyance to it, a permanent, non-exclusive easement for the purposes of ingress and egress and the parking of vehicles over a parcel of land adjacent to the Masland building. The conveyance, in pertinent part, is as follows:

"Grantors do hereby GRANT, BARGAIN, SELL AND CONVEY unto the Grantee permanent nonexclusive easements ..., each of which shall be, and shall be construed as, a covenant running with the land herein described, each running in favor of said Grantee, its licensees, invitees, tenants, successors and assigns, for the uses and purposes, and in, over, across, upon and with respect to, the respective parcels of land in Mobile County, Alabama, as follows:

"...

"(b) For the purposes of ingress and egress, and the parking of vehicles, and connection of utility lines, etc., over that parcel of land described as follows: [here is set out a metes and bounds description of property between Azalea Road and the Masland building]."

Nick T. Catranis and Ethel Catranis own a shopping center adjacent to the Masland building and own the fee of the property that is subject to Magna's easement.

Without the consent of Magna, the Catranises leased to First Southern Federal Savings and Loan Association a portion of the property that is subservient to Magna's easement, for First Southern's use as an automatic teller kiosk. The kiosk was constructed and is presently in operation. Magna filed suit to enjoin the maintenance and continuance of this kiosk and for an accounting for the rents or sums paid and received by the Catranises for the erection and use of the kiosk "in violation of and interference with 'Magna, Inc.'s' easements for free and untrammeled parking for tenants, customers, employees and the public."

Magna filed a motion for summary judgment. All of the pertinent deeds and leases, and the deposition and affidavit of Bankruptcy Judge G.B. Kahn (an officer, director, and stockholder of Magna) were before the trial court for its consideration in ruling on this motion. An affidavit of Mr. Catranis was filed in opposition to the motion. In this affidavit he stated that, since the construction of the kiosk, there has been adequate parking to meet the parking needs of Magna's tenant; that at no time has the parking area been filled to capacity; and that the access drives and curb cuts to Azalea Road have not been changed. The trial court found that Magna was not entitled to the relief prayed for, since the parking area available on the property subject to Magna's easement is many times greater than the amount of parking needed or used by Magna's tenant, and because the kiosk, which occupies approximately eight (8) parking spaces has not interfered with either access or parking. The trial court dismissed Magna's complaint with prejudice. This ruling was made final pursuant to Rule 54(b), Ala.R.Civ.P. Magna appeals. We reverse and remand.

An easement is...