Graves v. Dudley Maples, LP

950 So. 2d 1017, 2007 WL 686140
CourtMississippi Supreme Court
DecidedMarch 8, 2007
Docket2004-CA-01510-SCT
StatusPublished
Cited by19 cases

This text of 950 So. 2d 1017 (Graves v. Dudley Maples, LP) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graves v. Dudley Maples, LP, 950 So. 2d 1017, 2007 WL 686140 (Mich. 2007).

Opinion

950 So.2d 1017 (2007)

Carroll GRAVES and Cathy Graves
v.
DUDLEY MAPLES, L.P., and Hancock Bank, Trustee, for the A.F. Dantzler, Jr., Trust.

No. 2004-CA-01510-SCT.

Supreme Court of Mississippi.

March 8, 2007.

*1018 James H. Herring, Canton, attorney for appellants.

Mark Anthony Maples, Lucedale, W. Lee Watt, Jackson, Joseph Anthony Sherman, attorneys for appellees.

Before WALLER, P.J., DIAZ and CARLSON, JJ.

DIAZ, Justice, for the Court.

¶ 1. This case concerns whether a prescriptive easement exists over a piece of property.

Facts and Course of Proceedings Below

¶ 2. The facts giving rise to this case are not in dispute.[1] Dudley Maples, L.P. is a corporation that owns property in George County, Mississippi. Sard-Mag Road is the only way one can reach the land-locked property. Roughly every three months, Dudley Maples or another designee of Dudley Maples, L.P., takes that road to visit his property. Maples inspects the timber growing on the property for growth patterns, fire prevention, and insect infestation, and performs other tasks necessary to property management. In addition to selling timber from the property, Maples also draws income by leasing the land to *1019 hunters. The hunters also use Sard-Mag Road to access the property. According to Maples, the road has been in use by individuals who owned property along its borders for nearly a century.

¶ 3. Maples was concerned about an attack on the timber by the blackheaded pine sawfly, an insect which consumes the foliage of pine trees. Defoliation can cause a considerable reduction in the ability of the tree to grow, and may also subject it to attack from other pests, such as bark beetles. This loss of growth can cause a loss of value and delay the harvest. Maples had been advised by the Mississippi State Extension Service to inspect the trees regularly.

¶ 4. On March 29, 2002, Carroll Graves purchased property surrounding Sard-Mag Road. This land is situated between the main road, Highway 26, and Maples' property. Not long after his purchase, Graves blocked the road with a pile of debris.

¶ 5. Maples filed a complaint on October 24, 2002, for a temporary restraining order, a preliminary injunction, and a permanent injunction barring Graves from blocking the road. His other goal was to persuade the trial court to formally declare that a prescriptive easement was established for the portion of Sard-Mag Road that runs across Graves' property. On November 13, 2002, the George County Chancery Court granted a TRO compelling Graves to reopen access to Sard-Mag Road to Maples "and his designees until the final order of this court is entered and the issues are fully resolved by the hearing."

¶ 6. After receiving the TRO from the trial court, Maples sent a copy of the order and a letter to Graves, notifying him that Maples or a designated list of agents would resume using the Sard-Mag Road to inspect his property. After receiving no response, Maples sent Graves another letter and copy of the TRO. Maples then sent agents across to reach his land, but they were thwarted by Graves and his wife, who were accompanied by a George County constable. Despite the presence of a court order allowing them to use the road to reach the landlocked property, the designees of Maples were threatened with arrest by the constable if they continued down the road. Afterwards, Maples learned that Graves had erected a barbed wire fence across the road.

¶ 7. Maples then moved for sanctions and attorneys' fees because of Graves' flagrant violation of the order of the chancery court. At the direction of the trial court, other property owners affected by the blocked road were notified. The A.F. Dantzler, Jr. Trust intervened through its representative Hancock Bank. The Dantzler Trust owns property directly east, west, and south of the Graves' property, all of which was made inaccessible by Graves' actions.

¶ 8. To avoid sanctions for his blatant disregard of the order, Graves entered into a consent order with Maples and Dantzler. The order noted that Graves was ordered, and agreed, to remove the debris pile and fence blocking Sard-Mag Road, and would reestablish the road. He agreed "not to interfere in any respect whatsoever with Plaintiffs' use of their properties." The order allowed any "employees, agents and assigns" of Maples and Dantzler to use the road. Finally, Graves agreed that "should he not comply with this order," that Maples and the Dantzler could be granted attorneys' fees and costs for any effort made to ensure compliance with the consent order. The agreement was signed by attorneys for all three parties on January 3, 2003.

*1020 ¶ 9. However, even after he agreed to abide by the order, Graves refused to honor its terms. He opened gaps in the barbed wire fences, but only on the northern and western sides. The eastern and southern sides remained fenced, which still blocked Maples and Dantzler from inspecting their property.[2] Graves also followed designees of Maples and Dantzler on his four-wheeler, and on one occasion threatened a designee traveling on the road not to return to the property. At roughly the same time, Dantzler discovered that boat ramps had been cut into portions of its property that bordered Black Creek, and suspected Graves played a role in the destruction of the creek banks. Graves later admitted at trial that he had indeed cut the creek banks.

¶ 10. Maples and Dantzler then petitioned the trial court for a mandatory injunction forcing Graves to comply with the terms of the agreed order, a citation of contempt for failure to comply, and attorneys' fees for having to bring further legal action. Yet another order was entered by the trial court, again signed by attorneys for all parties, affirming all the terms of the previous order and mandating a repair of the creek banks. The only question reserved was the request for attorneys' fees, which was to be determined at trial.

¶ 11. The trial was held over five days in late 2003. Because Graves admitted at trial that he knew Maples and Dantzler had a right to use the road, the trial court found that the need for "litigation and the numerous orders and methods of procedure taken throughout [this case] were, in fact, frivolous in nature." Graves repeatedly admitted that he knew the road was open to all and that he had personally piled the debris, built the barbed wire fence, and cut the creek banks on Black Creek.

¶ 12. The trial court ultimately found that a prescriptive easement existed over Graves' property due to its use as an access road to Black Creek and as a logging road since the 1930's. Use of the road was allowed in favor of Maples, Dantzler, and their designees, invitees, and assigns.[3] Graves was permanently enjoined from interfering with the use of the road by those persons. Graves was ordered to repair the creek banks he damaged and to pay $3,200 to Dantzler and $2,500 to Maples to pay their attorneys' fees incurred in bringing the action.

¶ 13. Graves did not petition the court for reconsideration of this judgment or a new trial, but instead appealed directly to this Court. He argues three separate errors were committed by the trial court.

Standard of Review

¶ 14. On review, we generally defer to a chancery court's findings of fact unless they are manifestly wrong or clearly erroneous. Saliba v. Saliba, 753 So.2d 1095, 1098 (Miss.2000). We use a de novo standard of review when examining questions of law decided by a chancery court. Id.

*1021 I.

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Cite This Page — Counsel Stack

Bluebook (online)
950 So. 2d 1017, 2007 WL 686140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graves-v-dudley-maples-lp-miss-2007.