Dorrance H. Hamilton v. Carol C. Ballard

161 A.3d 470, 2017 WL 2454041, 2017 R.I. LEXIS 78
CourtSupreme Court of Rhode Island
DecidedJune 6, 2017
Docket2014-323-Appeal (NC 00-340)
StatusPublished
Cited by1 cases

This text of 161 A.3d 470 (Dorrance H. Hamilton v. Carol C. Ballard) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dorrance H. Hamilton v. Carol C. Ballard, 161 A.3d 470, 2017 WL 2454041, 2017 R.I. LEXIS 78 (R.I. 2017).

Opinions

OPINION

Justice Flaherty,

for the Court.

“Jarndyce and Jarndyce drones on. This scarecrow of a suit has, in course of time, become so complicated, that,no man alive knows what it means. The parties to it understand it least; but it has been observed that no two Chancery lawyers can talk about it for five minutes, without coming to a total disagreement as to all the premises. Innumerable children have been born into the cause; innumerable young people have married into it; innumerable old people have died out of it. Scores of persons have deliriously found themselves made parties in Jarndyce and Jarndyce, without knowing how or why; ■ whole families have inherited legendary hatreds with the suit. The little plaintiff or defendant, who was promised a new1 rocking-horse when Jarndyce and Jarndyce should be settled, has grown up, possessed' himself of a real horse, and trotted away into the other world, * * * Jarndyce and Jarndyce still drags its dreary length before the Court, perennially hopeless.”1

This case arises from a briar patch of litigation between feuding neighbors'who are unable to agree about many things, including, particular to this ease, the de[472]*472tails of an easement that resulted from a court-mandated land partition. The underlying legal battle began in August 2000. By May 2005, Carol and A. L. Ballard had filed an answer to SVF Foundation’s2 fifth amended complaint. Within that pleading, the Ballards counterclaimed, alleging that, among other things, SVF Foundation was interfering with the Ballards’ easement that ran across SVF’s property.3 SVF moved for summary judgment on that count, and the Superior Court granted SVF’s motion. The Ballards timely appealed to this Court, challenging the Superior Court’s decision granting summary judgment to SVF.

This matter came before the Supreme Court for oral argument on January 25, 2017. After carefully reviewing the record, and after considering the parties’ written and oral arguments, we vacate the Superi- or Court’s judgment.4

I

Facts and Travel

A

The Ballards and Hamilton were once cordial acquaintances who teamed up to save Newport’s historic Edgehill property from development. Together, they purchased the property at auction, taking title as tenants in common. Shortly thereafter, the parties’ relationship began to sour and eventually became acrimonious. Ultimately, the Edgehill property was divided pursuant to a court-ordered partition.

At the time the Ballards and Hamilton purchased the Edgehill property, it consisted of two distinct areas. The western portion of the estate contained “a fascinating masonry complex known as the ‘Swiss Village[.]’ ” Meanwhile, located on the eastern part of the Edgehill property were the Manor House and the Carriage House. The Manor House is a striking building designed by the famous American architects McKim, Mead & White. It sits on grounds designed by the equally prominent Frederick Law Olmsted. The Carriage House was built concurrently with the Manor House and is located nearby “in a swale between the Manor House and * * * the ‘Swiss Village[.]’ ”

The partition left Hamilton, SVF’s predecessor, with the Swiss Village portion of the estate, and the Ballards with the Man- or House and Carriage House section (the “Manor House Property”). Carol and A. L. Ballard each took an undivided 50 percent interest in the property they received from the partition. In addition to her undivided 50 percent interest in the Manor House Property, Carol Ballard owned, in her own name, an undeveloped tract of land known as “Lot 20” that abutted the western edge of the Swiss Village property. Carol Ballard purchased Lot No. 20 in 1995, before the Ballards had acquired any ownership interest in the Edgehill property. After the partition went into effect, there were three tracts of land relevant to this case. To the west lay Carol Ballard’s solely owned Lot No. 20. To the east was the Manor House Property, of which Carol and A. L. Ballard each owned an undivided 50 percent interest. And lying directly between Lot No. 20 and the Manor House Property, and abut[473]*473ting both properties, was the Swiss Village land, owned by the Dorrance H. Hamilton Trust.

As a result of the partition, the Ballards were left without any interior access between the Manor House Property and Lot No. 20. Accordingly, they sought an easement to connect their two properties so that they could transport mowing equipment from the Manor House Property to Lot No. 20 without having to use public roads, ostensibly for safety reasons. In his supplemental report and recommendation, the court-appointed commissioner assigned to oversee the partition recommended that the Ballards be granted their requested easement. The Superior Court, in its order mandating the partition, awarded the Bal-lards “an easement providing access to Lot 20 as recommended in the Commissioner’s Supplemental Report * * *, subject to the restrictions and stipulations noted in the Supplemental Report.”

The “restrictions and stipulations” to which the judgment refers are:

“[T]he Commissioner recommends granting an easement for access in favor of the owners of the Carriage House and Manor House. The easement should be considered personal to such owners, be it the Ballards or their successors, for so long as the owners of the Carriage House parcel and/or the Manor House parcel also retain an ownership interest in lot # 20.”

After granting the easement,5 the Superior Court commissioned Waterman Engineering Co. to file a final class 1 survey of the partitioned land. That survey clearly indicated the easement’s location traversing across the Swiss Village property. The survey also specified that the easement was to be fifteen feet wide.6

B

At the time the Superior Court granted the Ballards their easement, there was no road or path that connected the Manor House Property to Lot No. 20. Thus, the Ballards and SVF had to build a road. It should be a surprise to no one that the parties were unable to agree on the details of how to build the byway that would cross the easement or the width of the gates that were to be placed at each end of the easement. This disagreement led to a litany of tit-for-tat litigation7 too lengthy to recount in full. Relevant to this appeal, however, are a motion for relief from judgment that the Ballards filed in February 2005 pursuant to Rule 60(b) of the Superi- or Court Rules of Civil Procedure, in which the Ballards sought to have the location of the easement moved, and count 7 of the Ballards’ counterclaim, filed in May 2005, which alleged that SVF interfered with the Ballards’ easement.

[474]*474-Litigation surrounding the easement encompassed multiple hearings, as well as two judicial views of the property on which the easement sat. In August 2005, a Superior Court justice ordered SVF, the owner of the servient estate, to construct “a farm-type road as described by the [cjourt during the colloquy at [the June 27, 2005] hearing” to accommodate the Ballards’ easement.'At that hearing,-the Superior Court justice described the requirements of the farm road to be constructed as follows:

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161 A.3d 470, 2017 WL 2454041, 2017 R.I. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorrance-h-hamilton-v-carol-c-ballard-ri-2017.