Sammons v. American Auto. Ass'n, 95-177
| Decision Date | 06 March 1996 |
| Docket Number | No. 95-177,95-177 |
| Citation | 912 P.2d 1103 |
| Parties | Donald L. SAMMONS, d/b/a Lone Tree Truck & Travel, Appellant (Defendant), v. AMERICAN AUTOMOBILE ASSOCIATION, a Connecticut Corporation, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Rodger McDaniel, Cheyenne, for appellant.
S. Gregory Thomas of Patton & Davison, Cheyenne, for appellee.
Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.
Following the American Automobile Association's (AAA) petition, the district court permanently enjoined Appellant Donald Sammons (Sammons) from charging an access fee to its business invitees who use AAA towing services. Sammons appeals the order on the grounds that requiring him to permit AAA to tow customers from his property interferes with his property rights.
We affirm.
Sammons presents these issues:
Issue No. 1. Does the American Automobile [Association] acquire the right to use Appellant's land when it enters into contracts with third parties obligating itself to provide road services to those persons?
Issue No. 2. If the Appellant business invites the public onto its property to provide a certain service, is it compelled to allow competitors to use its property to provide that service to customers who choose a competitor over the Appellant?
Issue No. 3. Does the status of a customer of the Appellant as a business invitee entitle the customer to invite Appellant's competitors onto his property to conduct business?
Issue No. 4. Is the Appellant property owner entitled to charge competitors a reasonable access fee to use his property to provide services to its customers?
AAA presents this issue:
Whether the District [Court] erred as a matter of law when it entered summary judgment in favor of Appellee American Automobile Association on Appellee's claim for permanent injunction.
As the district court found, the facts in this case are not in dispute. Lone Tree Truck and Travel is a convenience store and service station with a tow truck operation owned by Sammons and located in Buford, Wyoming, on Interstate 80. It is the only convenience store and service station between Cheyenne and Laramie. AAA is a nationally known corporation which provides, among other things, roadside assistance and towing services to its members in return for a paid membership fee. AAA provides this service by contracting with tow truck operators throughout the country. AAA currently has seven contracts with tow truck operations in Laramie County and two in Albany County. Sammons has applied to be designated as an AAA authorized towing operation, but to date he has been denied an AAA contract.
This denial resulted in conflict between the two parties and, as the district court found On June 3, 1994, AAA dispatched a wrecker to Lone Tree Truck & Travel to repair a member's vehicle. During this incident, the Albany County Sheriff was called to the scene by Sammons. The sheriff's officer issued a warning to the parties. A few days later AAA filed for an injunction. The district court granted AAA's motion for summary judgment and issued an injunction against Sammons.
the conflict has escalated over time from letter writing to confrontations between Sammons and AAA tow services and customers. In the spring of 1994, Sammons notified AAA that if it wanted to use his property to conduct AAA business, it would be required to pay an access fee of $25.00 per use. In the event Lone Tree Truck & Travel would receive an AAA contract, no access fee would be charged. On March 9, 1994, AAA dispatched a wrecker to provide service to one of its members whose automobile was disabled at Lone Tree Truck & Travel. Sammons informed the operator that the access fee had to be paid. The operator refused and the customer paid the fee in order to have his automobile towed from Sammons' property. On April 19, 1994, Sammons gave AAA written notification that the access fee was being increased to $50.00. AAA continued to dispatch operators to Lone Tree Truck & Travel and refused to pay the access fee.
This case presents a question of law concerning the property rights of a business. Questions of law are reviewed de novo. Lucero v. Mathews, 901 P.2d 1115, 1118 (Wyo.1995). Sammons contends his ownership of the property gives him the right to exclude AAA or charge it an access fee. AAA contends property rights are diminished when the owner invites the public onto his property.
Ownership of property implies the right of possession and control and includes the right to exclude others; that is, a true owner of land exercises full dominion and control over it and possesses the right to expel trespassers. PruneYard Shopping Center v. Robins, 447 U.S. 74, 82, 100 S.Ct. 2035, 2041, 64 L.Ed.2d 741 (1980). In Wyoming, the right to protect property is a state constitutional right. Cross v. State, 370 P.2d 371, 377 (Wyo.1962). Given that exclusive possession is a fundamental element of property ownership, the question then is whether that right is affected when a business gives its consent to the public to enter upon its premises for business purposes.
The United States Supreme Court has said that property does not "lose its private character merely because the public is generally invited to use it for designated purposes." Lloyd Corp., Ltd., v. Tanner, 407 U.S. 551, 569, 92 S.Ct. 2219, 2229, 33 L.Ed.2d 131 (1972). However, possessory property rights or authority may be extended to tenants, lessees, licensees, or invitees. State v. Scholberg, 395 N.W.2d 454, 456 (Minn.App.1986). An invitation by a business to the public to enter its premises for business purposes constitutes a license to the public. State v. Quinnell, 277 Minn. 63, 151 N.W.2d 598, 602 (1967); Mosher v. Cook United, Inc., 62 Ohio St.2d 316, 405 N.E.2d 720, 721 (1980).
A license is a privilege to do certain acts of a temporary character on the land of another which is revocable at the will of a licensor unless a definite time has been specified, or unless it is coupled with an interest. Coumas v. Transcontinental Garage, 68 Wyo. 99, 230 P.2d 748, 758 (1951). A license does not give any...
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