Meadows Country Club, Inc. v. Unnever, 97-00647
| Decision Date | 26 November 1997 |
| Docket Number | No. 97-00647,97-00647 |
| Citation | 702 So.2d 586 |
| Parties | 22 Fla. L. Weekly D2680 The MEADOWS COUNTRY CLUB, INC., Appellant, v. John R. UNNEVER, Violet D. Unnever, Richard T. Batten and Marguerite H. Batten, Appellees. |
| Court | Florida District Court of Appeals |
Thomas M. Hoeler of Shear, Newman, Hahn & Rosenkranz, P.A., Tampa, for Appellant.
Harry W. Haskins, Sarasota, for Appellees.
This appeal involves the construction of an easement over residential lots in a golf course community. The residents, John and Violet Unnever and Richard and Marguerite Batten, contended that the Meadows Country Club exceeded the scope of the easement by running heavy course maintenance equipment over a golf cart path to the eighth and ninth holes of the Meadows Country Club from early morning throughout the day, disturbing their peaceful and quiet enjoyment of their property. The Meadows Country Club countered that the easement was being used as intended, but the trial court, having decided that the easement was unambiguous, would not allow extrinsic evidence on intent and entered a permanent injunction restricting its use. Because we find as a matter of law that the easement language is ambiguous, we reverse the final judgment and remand for reconsideration.
The Unnevers and Battens, in their amended complaint, sued for injunctive relief for the alleged breach of an easement and for the abatement of a claimed nuisance. The essential complaint is that, after purchasing their lots and homes, the plaintiffs "discovered that every morning, holidays and weekends alike, beginning at approximately 6:00 a.m. and continuing throughout each day, trucks, mowers and golf course maintenance vehicles travel across the golf cart path that runs behind and across Plaintiff's property." Attached to the complaint was the easement in question, the pertinent part of which follows:
WITNESSETH:
That Grantor, for and in consideration of One Dollar and other valuable consideration, by these presents does hereby grant unto Grantee, two perpetual, nonexclusive easements over and across those portions of Parcel "II", The Meadows, Unit 16, as per plat thereof recorded in Plat Book 33, Page 25, Public Records of Sarasota County, Florida, more particularly described as follows:
A parcel of land fifteen feet in width extending along a portion of the southerly boundary and thence northerly through the middle of said Parcel II as more particularly reflected on the plat of said Unit 16 and described therein as "15-foot wide Golf Cart Path and Utility Esmt." (herein the "Irrigation Easement"), such easement to be used solely for the purpose of constructing, installing, operating, repairing, maintaining and replacing an existing underground non-potable water main which extends from the easterly right of way line of Honore Avenue over and across said easement area to Grantee's lands described as Tract CXII, The Meadows, Unit 15, and the lake and drainage system adjacent thereto, together with a limited right of ingress and egress thereto for Grantee's personnel and all necessary maintenance equipment [emphasis supplied].
The Meadows Country Club operates a country club and planned development in Sarasota County known as The Meadows. The property, which includes three golf courses, was acquired in September 1989, from Taylor Woodrow Homes, Ltd., which continued to operate the club until 1990. As part of the transaction, the Country Club acquired easements from Taylor Woodrow through an easement deed and agreement, which contains the easement that forms the subject of this claim.
The Unnevers and Battens own lots 22 and 23 of a subdivision called Devonshire Place. The easement runs from a shed housing maintenance equipment used to service the golf courses, behind the plaintiffs' homes, and then...
To continue reading
Request your trial
-
American Quick Sign, Inc. v. Reinhardt
...easement was created. See Kotick v. Durrant, 143 Fla. 386, 196 So. 802 (1940); Laboratory Corp. of Am.; Meadows Country Club, Inc. v. Unnever, 702 So.2d 586, 588 (Fla. 2d DCA 1997). Ambiguity may be found when the provisions in the document admit to more than one interpretation. See Friedma......
-
AM. REAL ESTATE v. TWIN CITIES INVESTORS, 97-4007.
...different from the trial court. See Broward County v. LaPointe, 685 So.2d 889, 892 (Fla. 4th DCA 1996); Meadows Country Club, Inc., v. Unnever, 702 So.2d 586 (Fla. 2d DCA 1997). We hold that both the Mutual Parking Easement and the License Agreement give to appellant, its customers, employe......
-
Capallo v. Rivera
...of Mrs. Grashoff, to ascertain and give effect to the intention of the parties at the time the access easement was created. See Meadows, 702 So.2d at 588-89. We note that we find no merit in the Capallos' argument that Mrs. Grashoff's testimony was inadmissible for lack of personal knowledg......