Lumpkin v. McClamroch

350 S.E.2d 647, 232 Va. 412, 3 Va. Law Rep. 1414, 1986 Va. LEXIS 273
CourtSupreme Court of Virginia
DecidedNovember 26, 1986
DocketRecord No. 830660; Record No. 830661
StatusPublished
Cited by1 cases

This text of 350 S.E.2d 647 (Lumpkin v. McClamroch) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lumpkin v. McClamroch, 350 S.E.2d 647, 232 Va. 412, 3 Va. Law Rep. 1414, 1986 Va. LEXIS 273 (Va. 1986).

Opinion

THOMAS, J.,

delivered the opinion of the Court.

These two appeals arise out of a consolidated trial of three separate proceedings, all of which centered on rights to a certain roadway that ran from property owned by James W. McClamroch and his wife, Erin McClamroch, across property owned by A. R. Lumpkin and his wife, Mildred Juanita Lumpkin. The Lumpkins contended that the roadway was, on average, only eight feet wide and that to the extent the McClamrochs engaged in activities outside the eight-foot width of the road they were trespassing upon land owned by the Lumpkins. On the other hand, the Mc-Clamrochs claimed they had a right-of-way thirty feet wide across the Lumpkin land.

On June 3, 1981, the McClamrochs purchased twenty-eight acres of land on Smith Mountain Lake near Route 626. Shortly before purchasing the land, Mrs. McClamroch asked Mr. Lumpkin for permission to use the road that crossed the Lumpkin property. Mr. Lumpkin gave his permission provided the Mc-Clamrochs remained inside the original roadbed and did not disturb the hardpan surface of the road. After the purchase was [414]*414complete, Mr. McClamroch invited Mr. Lumpkin to ride with him over the road to discuss various plans that Mr. McClamroch had for improving the road. While on that ride, Mr. Lumpkin agreed that the McClamrochs could “even out” high spots in the road, cut branches and trees that protruded into the roadway, and put down gravel. However, Mr. Lumpkin told Mr. McClamroch that he was to stay within the original roadbed.

Thereafter, upon advice of counsel, the McClamrochs concluded they had a right to use the road without regard to permission from the Lumpkins. They hired Kenneth Bolling who, following the McClamrochs’ directions, bulldozed the road, cut ditch banks, and knocked down trees. The Lumpkins objected to this work. When the work continued, the Lumpkins served the Mc-Clamrochs and Bolling with a “no trespass” notice. The dispute led to the filing of three lawsuits.

On December 31, 1981, the McClamrochs filed a motion for judgment against A. R. Lumpkin, Mildred J. Lumpkin, and Wayne Lumpkin alleging, in essence, that the McClamrochs had rights in a thirty-foot roadway through the Lumpkin property and that the Lumpkins had harassed and intimidated the Mc-Clamrochs and thus blocked the McClamrochs in their effort to improve the roadway. The McClamrochs sought $164,000 in compensatory and $100,000 in punitive damages.

On the same day, the McClamrochs also filed a bill of complaint in equity. In their bill, which incorporated by reference the motion for judgment, the McClamrochs asked the court to find that they had fee simple ownership in a thirty-foot roadway across the Lumpkin property or that they had acquired a thirty-foot right-of-way by prescription. In addition, the McClamrochs prayed that the Lumpkins be temporarily and permanently enjoined from interfering with the McClamrochs’ use and improvement of the road.

On January 8, 1982, A. R. Lumpkin filed a motion for judgment against the McClamrochs and the contractors hired by the McClamrochs to work on the road. On February 2, 1982, the motion for judgment was amended to include Mrs. Lumpkin as a party plaintiff. The Lumpkins alleged that they permitted the Mc-Clamrochs to use an eight-foot-wide farm road owned by the Lumpkins. According to the Lumpkins, they gave the Mc-Clamrochs permission to gravel the road but specifically directed them not to widen the road or disturb the existing roadbed. The [415]*415Lumpkins contended that the McClamrochs trespassed on the Lumpkins’ property and damaged the Lumpkins’ land by widening the eight-foot road, damaging its surface, and destroying trees and drainage ditches. The Lumpkins sought $36,596 in compensatory damages and $100,000 in punitive damages.

On September 3, 1982, the court wrote all counsel the following letter:

After my conversation with Mr. White and Mr. Conway, I called Mr. Cruey and advised him that Mr. White and Mr. Conway advised that they conceded that Mr. Cruey’s client has an easement over the property in question and the matters to be determined at the trial will be the location of the easement, width of the easement, the extent of the use of the easement, and what damages, if any have been sustained as a result of the work done on the easement.
If the above is not correct, please advise immediately.

Mr. Conway represented the Lumpkins. He made no response to this letter. Nor did any of the other lawyers in the case.

On September 15, 1982, the trial court entered an order which read in pertinent part as follows:

The Court is of the opinion, based on abstracts and memoranda filed by Counsel that Jim W. McClamrock [sic] and Erin H. McClamrock [sic] had acquired a right of way by prescription along the location of the road as it then existed . . . through the Lumpkin property to State Road 626. . . .
All cases except the claims of the McClamrocks [sic] against Wayne Lumpkin are consolidated for trial on September 30, 1982. . . .

(Emphasis added.) This order confirmed the statement made in the letter of September 3, 1982, and also consolidated the three suits for trial. Significantly, the Lumpkins’ counsel endorsed the order “requested.” The McClamrochs endorsed the order “seen and objected to.”

The case was tried to a jury on September 30, 1982. The jury was called upon to resolve two issues: (1) the width of the easement through the Lumpkins’ property as of August 11, 1981 (the date on which work commenced on the easement) and (2) what damages if any were sustained by the Lumpkins by virtue of the [416]*416work done on the easement by the McClamrochs and their agents or employees. The jury returned its verdict in favor of the Mc-Clamrochs, finding that the easement was thirty feet wide and that the Lumpkins had not sustained any damages.

The Lumpkins moved to set aside the verdict on the ground that there was no evidence to support the jury’s finding of a thirty-foot right-of-way. The trial court set aside the verdict of a thirty-foot right-of-way and ruled that the right-of-way “shall be seventeen (17) feet.” The trial court did not set aside the portion of the jury’s verdict that the Lumpkins did not sustain any damages.

The Lumpkins and the McClamrochs appealed. In their appeal, the Lumpkins raise four assignments of error; they contend that the trial court erred:

1. by ruling that the McClamrochs had acquired a right-of-way by prescription;

2. by consolidating a chancery suit with two law suits and by submitting to the jury the question of the width of the right-of-way crossing the Lumpkins’ property;

3. by setting the width of the road at seventeen feet when there was no evidence to support the decision; and '

4. by refusing to resubmit the issue of damages to the jury after the Court had modified the jury’s verdict relating to the width of the easement.

In their appeal, the McClamrochs raise two assignments of error; they contend that the trial court erred:

1. by setting aside the jury verdict that the easement through the Lumpkins’ property, as of August 11, 1982, was thirty feet wide; and

2. by excluding evidence of certain deeds of conveyance to the McClamrochs and their predecessors in title along with related plats and documents.

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Related

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352 S.E.2d 321 (Supreme Court of Virginia, 1987)

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Bluebook (online)
350 S.E.2d 647, 232 Va. 412, 3 Va. Law Rep. 1414, 1986 Va. LEXIS 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lumpkin-v-mcclamroch-va-1986.