C. W. Hoskins Heirs v. Ruth Farmer Wells, Albert Wells, Terry Farmer, & Icg Hazard, LLC

560 S.W.3d 852
CourtMissouri Court of Appeals
DecidedAugust 16, 2018
Docket2017-SC-000004-DG
StatusPublished
Cited by3 cases

This text of 560 S.W.3d 852 (C. W. Hoskins Heirs v. Ruth Farmer Wells, Albert Wells, Terry Farmer, & Icg Hazard, LLC) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
C. W. Hoskins Heirs v. Ruth Farmer Wells, Albert Wells, Terry Farmer, & Icg Hazard, LLC, 560 S.W.3d 852 (Mo. Ct. App. 2018).

Opinion

OPINION OF THE COURT BY JUSTICE HUGHES

C. W. Hoskins Heirs1 and Phillip and Robin Lewis (Hoskins-Lewis) and Ruth Farmer Wells, Albert Wells Jr. and Terry Farmer (Wellses) dispute the location of the boundary line between their adjoining properties. The location of the boundary line determines which of the parties is entitled to approximately $440,000.00 of coal royalties from mining that occurred in the disputed area between the two properties. The Leslie Circuit Court entered judgment in favor of Hoskins-Lewis. In a 2-1 decision the Court of Appeals reversed the circuit court's ruling and remanded the case for entry of a judgment in favor of the Wellses and the mining company, ICG Hazard, LLC (ICG). Hoskins-Lewis petitioned this Court for discretionary review, which we granted. After careful review, we reverse the Court of Appeals.

FACTS AND PROCEDURAL HISTORY

The issue presented in this case is the location of the boundary between two adjoining properties. The property on the northwest side of the disputed boundary is owned by C. W. Hoskins Heirs, who own the mineral rights to the property, and by individuals Phillip Lewis and Robin Lewis, who own the surface rights to the property. It is undisputed that the Hoskinses' mineral deed and the Lewises' surface deed cover the same property. The property to the southeast of the disputed boundary is owned by Ruth Farmer Wells, Albert Wells Jr., and Terry Farmer (Wellses). The Wellses entered a coal lease with ICG in 2005. In 2006, the Lewises entered into a Surface Lease Agreement with ICG for mining and in 2008, C.W. Hoskins Heirs entered into a Mineral Lease Agreement with ICG for coal mined from the property.

In 2009, ICG began preparations to mine the Wellses' property and retained Ekenco, Inc. (Ekenco), a surveying company, to flag the boundary between the Hoskins-Lewis's and Wellses' properties. After the boundary was flagged, Ruth Wells (Ruth), who lived in the area for approximately sixty-two years, questioned whether the boundary line was correct, believing that Ekenco had actually flagged an old bulldozer road instead of the true boundary line. Ruth hired Kentucky Surveyors to determine the proper location of the boundary line. The survey was performed by Curtis Felts prior to ICG mining the area.

*855The boundary between the Hoskins-Lewis's and the Wellses' property begins at Raven Cliff Hollow2 and continues down its meanders to Greasy Creek. ICG began mining in the vicinity of the adjoining properties in October 2009 and mined from the head of Raven Cliff Hollow down to the No. 7 coal seam. ICG mined the area over the course of one year and once complete, Raven Cliff Hollow was destroyed.

This post-mining boundary dispute is particularly problematic because the parties' deeds are entirely based on natural features that the mining destroyed. The portions of the deeds describing the common boundary provide as follows:

Wellses' Deed:
Beginning on the North bank of Greasy Creek on the Middle Fork of the Kentucky River at the mouth of the Raven Cliff Hollow; thence running up same as it meanders, being a conditional line between H.W. Hoskins and Burley Hoskins to the top of the ridge between Lower Bad Creek and Round Hole Creek to the lands of the Kentucky River Coal Corporation....
Hoskinses' Deed
[T]hence up said drain as it meanders with line of Ford Motor Co. to the top of the mountain the divide between Greasy Fork and Lower Bad Creek of the Middle Fork; thence with the top of said mountain and as it meanders, nearly South, to the Raven Cliff Hollow on the divide between Greasy and Round Hole Creek; thence down said Raven Cliff Hollow to the mouth thereof of Greasy....
Lewises' Deed:
[T]o the top of the hill between Bad Creek and Greasy Creek, thence with the crest of said divide as it meanders to the head of the Raven Cliff Branch; thence down said branch as it meanders to the center of Greasy Creek....

In September 2012, Hoskins-Lewis sued ICG in Leslie Circuit Court claiming that the mining operation crossed the property line and that Hoskins-Lewis were entitled to royalties for coal removed from approximately six acres of the disputed area. ICG interpleaded the Wellses to determine which party was legally entitled to the disputed royalties. ICG deposited the disputed royalties, approximately $298,000, with the court.3 In their counterclaim, the Wellses argued that the mineral and surface property claimed by Hoskins-Lewis is owned by the Wellses and that title should be quieted in their favor.

The trial court conducted a bench trial on November 25, 2013, and both parties presented evidence of the surveys they had performed. Hoskins-Lewis used licensed surveyors Lonnie Fields and Anthony Bowling of CBC Engineers. The Wellses presented testimony from surveyor Felts, who conducted his survey prior to ICG's mining activity. Each party also presented testimony from the various parties involved in the dispute. Notably, the trial judge himself visited the disputed area and walked the property in order to help determine *856which party's location of the boundary line was correct. The trial court established that the adjoining properties shared a common boundary line along Raven Cliff Hollow. It was undisputed that after the mining, the meanders of Raven Cliff Hollow were obliterated and the meanders that once formed the property line were gone.

On July 16, 2014, the trial court issued thorough Findings of Fact, Conclusions of Law and Judgment in favor of Hoskins-Lewis. After reviewing all the deeds and witness testimony, the trial court determined that the line placed by surveyor Fields was the correct location of the boundary line. The Wellses appealed to the Court of Appeals.

In its 2-1 decision to reverse and remand, the Court of Appeals held that the evidence relied on by the trial court was lacking in both quality and substantiality necessary to support judgment in favor of Hoskins-Lewis. The Court of Appeals disagreed with the trial court's reliance on Fields's survey and determined that Fields's survey did not comport with the legal descriptions in the deeds and was based on erroneous assumptions. The majority found that Felts's survey, performed prior to the mining, was reflective of the legal descriptions and correctly placed the boundary line. Judge Debra Lambert dissented, finding that the majority usurped the role of the trial court by weighing the credibility of evidence.

ANALYSIS

I. The Court of Appeals Erred by Improperly Substituting its Opinion for that of the Trial Court.

Kentucky Rule of Civil Procedure (CR) 52.01 states that "[f]indings of fact, shall not be set aside unless clearly erroneous[.] ..." Whether or not findings of fact are clearly erroneous hinges on whether those findings are supported by substantial evidence. Moore v. Asente, 110 S.W.3d 336, 354 (Ky. 2003).

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Cite This Page — Counsel Stack

Bluebook (online)
560 S.W.3d 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/c-w-hoskins-heirs-v-ruth-farmer-wells-albert-wells-terry-farmer-icg-moctapp-2018.