Matthews v. Department of Natural Resources

792 N.W.2d 40, 288 Mich. App. 23
CourtMichigan Court of Appeals
DecidedApril 6, 2010
DocketDocket No. 288040
StatusPublished
Cited by51 cases

This text of 792 N.W.2d 40 (Matthews v. Department of Natural Resources) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matthews v. Department of Natural Resources, 792 N.W.2d 40, 288 Mich. App. 23 (Mich. Ct. App. 2010).

Opinion

Fer CURIAM.

This case arises out of the alleged right of certain landlocked property owners to maintain and use a crude pathway (several hundred wooden pallets laid end-to-end) across a state-owned and -regulated wetland. Defendant, Department of Natural Resources1 (the Department), appeals as of right the trial court’s [26]*26order entering judgment in favor of plaintiffs, Glen Matthews, Carol Matthews, Kevin Matthews, Stephanie Matthews, Martin Schaeffer, and Ann Schaeffer2 (collectively, the landlocked property owners). The Department argues that the trial court erred by finding that privily existed between the landlocked property owners and their predecessors-in-interest when there was no mention of an easement in the deeds and it was undisputed that the issue of an easement was never discussed with the previous owners. The Department also contends that the trial court erred by allowing the landlocked property owners to place fill material in a regulated wetland without obtaining a permit.3 The landlocked property owners respond that the trial court properly found that they had established privity between them and their predecessors-in-interest on the basis of their prior use of the landlocked parcel. The landlocked property owners also contend that the trial court properly balanced common-law provisions against statutory provisions and held that the various rights sought to be protected by those laws weighed in favor of the landlocked property owners. We affirm in part and reverse in part.

I. BASIC FACTS AND PROCEDURAL HISTORY

In 1969, Arthur Funnell and his wife, Edna Funnell; [27]*27their son, Melvin Funnell, and his wife, Betty Funnell; and their daughter, Joyce Schaeffer, and her husband, Robert Schaeffer (collectively, the Funnells), purchased the landlocked parcel, which consisted of 40 acres of property in Sheridan Township, Mecosta County, Michigan. Each of the three couples received an undivided interest. The prior owners were Albert and Delila Anderson, who purchased the landlocked parcel from the state of Michigan in 1937. Arthur Funnell intended to use the landlocked parcel as a seasonal hunting camp. The landlocked parcel has no direct access to any public road. To the north and west, it is surrounded by state-owned property. And to the east and south, it is surrounded by private property. Plaintiff Glen Matthews testified at trial that his father-in-law, Arthur Funnell, had specifically sought out an inexpensive parcel of land and that he purchased the landlocked parcel with full knowledge that it was landlocked. Glen Matthews also testified that, although the family was not specifically looking for a landlocked parcel, landlocked land is less expensive than properties with road access.

The state-owned land that surrounds the landlocked parcel on two sides is part of the Martiny Lakes State Game Area. The nearest maintained road is Madison Road, located approximately one mile to the north of the landlocked parcel. There is an old two-track logging road that extends from Madison Road through the state land. This two-track road ends approximately 0.22 miles short of the landlocked parcel.

Over time, the Funnells transferred their ownership interests to the landlocked property owners. The landlocked property owners are all members of Arthur Funnell’s family, either by blood or affinity. In February 1984, Arthur Funnell’s widow, Edna Funnell, deeded her x/3 interest to their daughter Carol Matthews and [28]*28her husband Glen Matthews. In May 1996, Melvin Funnell’s widow, Betty Funnell, deeded her Vs interest to her nephew, Martin Schaeffer, and his wife, Ann Schaeffer. And in January 1998, Robert Schaeffer’s widow, Joyce Schaeffer, deeded her V3 interest to her nephew, Kevin Matthews, and his wife, Stephanie Matthews.

The landlocked property owners and their predecessors (the Funnells) visited the property during hunting season in the late 1960s, accessing it by foot. Initially, they would walk across an adjacent parcel of privately owned land. However, shortly thereafter, the owner of that private land asked them to stop crossing that land, so the Funnells began parking at the end of a trail just off Madison Road, and would then walk the rest of the way across the state-owned land. Around 1975, they were able to drive a little further off Madison Road because the two-track road had been created for logging purposes on the state land. They were unable to drive further than the end of the two-track road because the ground was too wet and swampy. In the early 1970s, they began using snowmobiles to traverse the swamp and then later used all-terrain vehicles.

From the time that the Funnells first acquired the landlocked parcel, they would place some dead wood from the surrounding forest in particularly wet areas of the state-owned land to help them traverse it. However, in 1984 or 1985, the landlocked property owners began to place wooden pallets on the ground in the swamp area to make it more passable. This resulted in the construction of a pathway of pallets that stretches 0.22 miles (or 1,200 feet), from the end of the two-track road to the landlocked parcel.

The landlocked property owners testified that in addition to using the land as a hunting camp, they used [29]*29the land and the cabin thereon essentially as a family retreat, with couples spending quiet weekends there together or with numerous family members gathering to celebrate holidays together.

Glen Matthews testified that there was no discussion about access or an easement at the time the property was conveyed to him. Carol Matthews explained that there was no need for a specific discussion regarding access because Glen and Carol Matthews took it for granted that the two-track road and the pallet path were the sole means to get to the property. Carol Matthews also explained that the transfer of interest from the Funnells was just a formality because the landlocked property owners “were always involved.” Martin and Ann Schaeffer similarly testified that there was no discussion about access or an easement at the time the property was conveyed to them because they had never accessed the property in any manner other than by going across the two-track road and the pallet path. Kevin Matthews, however, testified he and his uncles, Robert Schaeffer and Melvin Funnell, did have specific discussions about how to access the property before he took ownership. Kevin explained that Robert and Melvin told him that they had “pretty much exhausted any other alternatives on how to get in and out” and that the pallet path was the best route.

The Department’s wildlife habitat biologist, Jeffrey Greene, was assigned to Mecosta County in 1998. In the course of his duties, he noted that there was evidence of illegal activities on the state land between Madison Road and the landlocked parcel. He noticed dumping of trash, piles of new pallets at the end of the two-track road, and old pallets placed in the swamp south of the end of the two-track road. (Greene, however, did not suspect the landlocked property owners of dumping the [30]*30trash, and the Department concedes that there is no reason to believe that they were responsible.) However, Greene testified that pallets harm the wetland by breaking down wetland vegetation and increasing soil erosion and sedimentation. Greene also testified that the pathway of pallets presented not only harm to the wetland, but also a danger to hunters on the state-owned land.

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Cite This Page — Counsel Stack

Bluebook (online)
792 N.W.2d 40, 288 Mich. App. 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthews-v-department-of-natural-resources-michctapp-2010.