Klutznick v. Thulin

814 P.2d 1267, 1991 Wyo. LEXIS 117, 1991 WL 126480
CourtWyoming Supreme Court
DecidedJuly 16, 1991
Docket91-5
StatusPublished
Cited by28 cases

This text of 814 P.2d 1267 (Klutznick v. Thulin) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Klutznick v. Thulin, 814 P.2d 1267, 1991 Wyo. LEXIS 117, 1991 WL 126480 (Wyo. 1991).

Opinions

CARDINE, Justice.

Appellant, Samuel J. Klutznick (Klutz-nick) sought to renovate a garage and workshop which was located on his property and to build a new garage. The appel-lees objected contending that Klutznick’s plans violated the restrictive covenants and an easement agreement. The district court granted summary judgment in favor of ap-pellees who were the neighbors of Klutz-nick.

We reverse.

ISSUES

Klutznick raises these issues:

“I. Did the District Court err in its interpretation of the instruments restricting the use of Appellant’s real property?
“II. Did the District Court err in its denial of Appellant’s Motion for Summary Judgment seeking a determination that the width of the easement across Appellant’s real property is twenty (20) feet?”

Appellees state these issues:

“1. Did the district court correctly interpret the 1968 Easement Agreement to create a 60' easement within which there ran a 20' roadway?
“2. Did the district court correctly interpret the 1986 Easement Agreement to limit the encroachment upon the 60' easement to a garage and workshop?”

FACTS AND PROCEEDINGS BELOW

On May 1, 1990, appellees sought to enjoin Klutznick from constructing a second garage on his property located near Wilson, Wyoming. In their complaint for injunction, appellees contended the construction of a second garage violated the terms of restrictive covenants that encumbered the property because only one garage was permitted per lot. On that same date, the district judge granted appellees a temporary restraining order. The parties agreed to continue the temporary restraining order until such time as a hearing was requested.

On July 6, 1990, Klutznick sought dissolution of the temporary restraining order based on these assertions:

“1. The Temporary Restraining Order entered herein enjoined [Klutznick] from constructing a second garage on his property under Teton County Building Permit No. 90-008. This building permit has been abandoned by [Klutznick].
“2. [Klutznick] has revised his construction plans to remodel the existing garage into a utility building and to construct a new garage on his property. Teton County has issued permit No. 90-202 for the construction of these improvements.
“3. The new construction plans do not violate the restrictive covenants. There will only be one garage on [Klutznick’s] property which is expressly permitted [1269]*1269pursuant to the covenants referenced in [appellee’s] Complaint for Injunction.
“4. [Klutznick] has employed a construction crew to build the improvements. The construction plans comply with the Teton County Comprehensive Plan and the private covenants.”

The restrictive covenant which gave rise to this litigation reads, in pertinent part:

“2. No building, structure or improvements shall be erected, placed or permitted to remain on either subdivided tract of the property except for one single family dwelling, one guest house, one garage and accessory or outbuildings common to the location.”

On July 13, 1990, appellees filed an amended complaint in which they alleged that prior agreements, as well as the understanding of the parties, established that the garage/workshop on the Klutznick property could not be converted to any other use and had to be maintained as a garage/workshop. This allegation was based on the language of a 1968 Easement & Maintenance Agreement which established a road that meandered throughout the area where the appellees’ and Klutz-nick’s homes were located. The road is described in detail in a survey, but for purposes of this case we are principally concerned with the requirement that the road be located on “a strip of land 20 feet in width meandering with various courses and distances but within at all times the west 60 feet of the following described tract * * The tract described is essentially the west 60 feet of the Klutznick property. This easement was altered somewhat by a 1986 easement agreement which was entered into in recognition that the garage/workshop on Klutznick’s property (actually the agreement was entered into by Klutznick’s predecessor in interest) was constructed within the west 60 feet of the property and was, thus, within the easement on which the road was located. The agreement went on to say:

“1. Acknowledgment of Improvements. The Neighbors acknowledge that the garage and workshop do not interfere with their use and enjoyment of the Easement. Jonkes [Klutznick’s predecessor in interest] may remodel, reconstruct or otherwise improve the garage and workshop so long as (a) it does not interfere with the Neighbors’ use of the Easement to provide reasonable access to their respective properties and (b) it does not encroach further into the west sixty (60) feet of the Jonke property.”

The parties stipulated that Klutznick had actual notice of the 1986 easement agreement prior to his purchase of the property and that the issue to be decided by the district court was whether a preliminary injunction should issue prohibiting Klutz-nick from converting or modifying the existing garage/workshop to a “utility building” or any other structure other than a garage/workshop, and then constructing a new garage or any other structure that will be used as a garage.

Appellees later filed a second amended complaint in which they alleged that Klutz-nick could not remodel the existing garage/workshop into anything other than a garage/workshop and, further, that Klutz-nick had constructed guest quarters underneath the existing garage. This guest quarters allegedly violated the covenant quoted above because his property could have only one guest quarters, and Klutz-nick already had one guest quarters.

At the hearing into this matter, some appellees testified that their understanding and interpretation of the 1986 easement agreement was that the old garage/workshop could not be converted to another use, but had to remain a garage/workshop.

On November 26, 1990, the district court entered the following order:

“DISCUSSION
“[Appellees] have a 20' roadway easement over the west 60' of [Klutznick’s property]. While the roadway is 20' wide, it meanders at various courses and distances over the west 60' of [Klutz-nick’s] property and therefore is a burden on the entire 60'.
“It was the intent of the parties as manifested by the Easement Agreement of [1270]*12701986 to clarify this situation. There would have been no need for the Easement Agreement if [appellees] were not entitled to the use of a 20' roadway anywhere on the 60' strip of property along the west side of [Klutznick’s] property. “[Appellees] are entitled to summary judgment for the relief sought in their complaint.
“IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
“1. [Appellees’] Motion for Summary Judgment is hereby granted.
“2.

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Cite This Page — Counsel Stack

Bluebook (online)
814 P.2d 1267, 1991 Wyo. LEXIS 117, 1991 WL 126480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klutznick-v-thulin-wyo-1991.