David Lyons v. Daniel Clark, et ux

CourtCourt of Appeals of Washington
DecidedJuly 9, 2024
Docket39510-3
StatusUnpublished

This text of David Lyons v. Daniel Clark, et ux (David Lyons v. Daniel Clark, et ux) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
David Lyons v. Daniel Clark, et ux, (Wash. Ct. App. 2024).

Opinion

FILED JULY 9, 2024 In the Office of the Clerk of Court WA State Court of Appeals Division III

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE

DAVID LYONS and LYONS FAMILY ) RANCH LLC, a Washington limited ) No. 39510-3-III liability company, ) ) Respondents, ) ) v. ) UNPUBLISHED OPINION ) DANIEL CLARK, BARBARA CLARK, ) and the marital community thereof, and ) WALLA WALLA HISTORIC ) CEMETERIES, a Washington nonprofit ) corporation, ) ) Appellants. ) COONEY, J. — Walla Walla Historic Cemeteries was granted a certificate from the

Washington State Department of Archaeology and Historic Preservation to care for and

maintain the abandoned Lyons Creek Cemetery (Cemetery). The Cemetery, which is

owned by the State of Washington, is landlocked by the Lyons Family Ranch. An

easement to access the Cemetery was identified in the original deed conveying the

Cemetery, but there is an easier route to traverse called the “Coyote Ridge Route.”

After Daniel Clark, the founder, director, and officer of Walla Walla Historic

Cemeteries, repeatedly drove vehicles over the Lyons Family Ranches’ wheat fields to

access the Cemetery, David Lyons and the Lyons Family Ranch LLC (collectively the No. 39510-3-III Lyons, et al. v. Clark, et al.

Lyons) sued Walla Walla Historic Cemeteries, Barbara Clark, and Mr. Clark (collectively

the Clarks) for trespass and injunctive relief.

The Lyons were granted an order that restrained the Clarks from accessing the

Cemetery by vehicle or through any route other than the one described in the deed. Later,

the Lyons brought a motion to dismiss the Clarks’ counterclaims. In concluding that the

Clarks lacked standing to litigate or enforce any easement rights, the trial court granted

the motion.

The Clarks appeal. Finding no error, we affirm.

BACKGROUND

Lyons Family Ranch, LLC, owns the Lyons Family Ranch (Farm) in Walla Walla

County, Washington. David Lyons is the sole manager of the Lyons Family Ranch, LLC.

The Lyons family has owned the Farm since 1909. The Farm is operated as a productive

wheat farm.

In 1873, the Hendrix family homesteaded the land that the Farm now occupies. In

1877, the Hendrix family deeded a portion of their land to the “Hendrix Cemetery

Association” for a cemetery, referred to as the Lyons Creek Cemetery. Clerk’s Papers

(CP) at 31, 48. The deed included an easement to access the Cemetery. The Cemetery is

landlocked on all sides by the Farm. The Hendrix Cemetery Association and the

2 No. 39510-3-III Lyons, et al. v. Clark, et al.

Cemetery have long since been abandoned. At some point, the State assumed ownership

of the Cemetery pursuant to RCW 68.60.020.1

In 2018, the Department of Archaeology and Historic Preservation issued a

“Certificate of Authority” to Walla Walla Historic Cemeteries for the “Care and

Maintenance of the Lyons Creek Cemetery” pursuant to RCW 68.60.030 (Maintenance

Certificate). CP at 10 (boldface and italics omitted). Mr. Clark is the “founder, director

and officer” of Walla Walla Historic Cemeteries.2 Id. at 108. Thereafter, the Clarks

contacted the Lyons regarding the best route to access the Cemetery. The Lyons showed

the Clarks an alternate route from the one described in the deed, referred to as the Coyote

Ridge Route. In April 2019, the parties accessed the Cemetery on foot via the Coyote

Ridge Route. The Lyons maintain that access via the Coyote Ridge Route required

advance permission from them and that vehicle access to the Cemetery over any route has

never occurred nor been permitted by the Lyons.

Shortly after the Lyons showed the Clarks the Coyote Ridge Route, a conflict

arose regarding when, where, and by what mode of transportation the Clarks were

permitted to cross the Lyons’ fields to access the Cemetery. The Lyons claimed that the

Clarks twice damaged their wheat crops when the Clarks drove over their fields without

1 Chapter 68.60 RCW is the State’s statutory scheme governing abandoned and historic cemeteries and historic graves. 2 Ms. Clark is not a member of or volunteer for Walla Walla Historic Cemeteries but after being served with the lawsuit at issue here, she visited the Cemetery.

3 No. 39510-3-III Lyons, et al. v. Clark, et al.

their permission. The Clarks admitted they drove over the Lyons’ fields to reach the

Cemetery via a route other than the one described in the deed.

As a result of the Clarks’ alleged trespass and damage to the Lyons’ crops, the

Lyons sued the Clarks and Walla Walla Historic Cemeteries. The Lyons requested

damages and an order restraining the Clarks from driving over their fields. The Clarks

answered the complaint and filed a counterclaim requesting, among other relief, that the

Lyons be “enjoined from further acts of vandalism at the cemetery” and “enjoined from

further obstruction of the roadway easement of the cemetery.” Id. at 9. The Clarks also

alleged that the Lyons “falsely accused counterclaimants of criminal trespass.” Id. at 8.

The Lyons brought a motion for a temporary order restraining the Clarks from

“trespassing over Plaintiffs’ productive farmland.” Id. at 184. The Clarks opposed the

motion and requested their own injunction, seeking to enjoin the Lyons from “further

vandalism” and “further farming encroachment” at the Cemetery. Id. at 266. The court

granted the Lyons’ motion and denied the Clarks’. The court found that, “Defendants

have admitted to driving over Plaintiffs’ fields and newly planted crops” and

“Defendants’ vehicular trespasses destroy Plaintiffs’ crops and may encourage others to

drive over Plaintiff’s fields.” Id. at 307. The court enjoined the Clarks from “Walking

over Plaintiffs’ fields by any route other than the route described in the 1877 Deed” and

from “Driving any vehicle over Plaintiffs’ fields.” Id. at 308.

4 No. 39510-3-III Lyons, et al. v. Clark, et al.

Thereafter, the Lyons brought a motion for summary judgment dismissal of the

Clarks’ counterclaims. In their motion, the Lyons noted that though not properly

pleaded, the Clarks repeatedly asserted that the Coyote Ridge Route is an easement by

necessity and they are therefore entitled to use it to access the Cemetery via vehicle. The

Lyons argued that the Clarks and Walla Walla Historic Cemeteries lack standing to

litigate over access to the Cemetery because they have no ownership interest in the

Cemetery nor the land surrounding it. Instead, the Lyons argued the State “is the only

‘real party in interest’ with standing to assert legal claims.” Id. at 42.

The Clarks responded with their own motion for summary judgment on cemetery

access. The Clarks argued that the public and the holder of a Maintenance Certificate

have a right to access the Cemetery for visitation, care, and maintenance. The Clarks

requested a judgment “confirming their right and the public’s right to vehicle and

pedestrian access to the cemetery over the traditional Coyote Ridge Road access route

without obstruction or the need for permission by adjoining landowners.” Id. at 106.

Additionally, the Clarks filed the care and maintenance agreement for another cemetery

that, unlike the Maintenance Certificate before us, included a paragraph stating that

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Young v. Key Pharmaceuticals, Inc.
770 P.2d 182 (Washington Supreme Court, 1989)
Primark, Inc. v. Burien Gardens Associates
823 P.2d 1116 (Court of Appeals of Washington, 1992)
Erection Co. v. Department of Labor & Industries
828 P.2d 657 (Court of Appeals of Washington, 1992)
Hartley v. State
698 P.2d 77 (Washington Supreme Court, 1985)
Hitchcock v. Department of Retirement Systems
692 P.2d 834 (Court of Appeals of Washington, 1984)
Seven Gables Corp. v. MGM/UA Entertainment Co.
721 P.2d 1 (Washington Supreme Court, 1986)
Erection Co. v. Department of Labor & Industries
852 P.2d 288 (Washington Supreme Court, 1993)
Daughtry v. Jet Aeration Co.
592 P.2d 631 (Washington Supreme Court, 1979)
Eller v. EAST SPRAGUE MOTORS & RV'S, INC.
244 P.3d 447 (Court of Appeals of Washington, 2010)
Ullery v. FULLETON
256 P.3d 406 (Court of Appeals of Washington, 2011)
State v. Neeley
52 P.3d 539 (Court of Appeals of Washington, 2002)
State v. Costich
98 P.3d 795 (Washington Supreme Court, 2004)
West v. Thurston County
183 P.3d 346 (Court of Appeals of Washington, 2008)
State Ex Rel. Hays v. Wilson
137 P.2d 105 (Washington Supreme Court, 1943)
State v. Costich
152 Wash. 2d 463 (Washington Supreme Court, 2004)
Keck v. Collins
357 P.3d 1080 (Washington Supreme Court, 2015)
State v. Neeley
113 Wash. App. 100 (Court of Appeals of Washington, 2002)
West v. Thurston County
144 Wash. App. 573 (Court of Appeals of Washington, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
David Lyons v. Daniel Clark, et ux, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-lyons-v-daniel-clark-et-ux-washctapp-2024.