Memmott v. Anderson

642 P.2d 750, 1982 Utah LEXIS 905
CourtUtah Supreme Court
DecidedMarch 3, 1982
Docket17192, 17193
StatusPublished
Cited by15 cases

This text of 642 P.2d 750 (Memmott v. Anderson) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Memmott v. Anderson, 642 P.2d 750, 1982 Utah LEXIS 905 (Utah 1982).

Opinion

STEWART, Justice:

This case presents two appeals from the judgment of the Fifth District Court adjudicating claims to two roads located in Millard County, Utah, and a claim of boundary by acquiescence relating to mining properties in the same general area. 1

Defendants Ralph W. Morrison, Lavon Morrison, J. A. Morrison, Jr., and Charlotte Morrison are sellers of the majority ownership interest in exclusive mining rights to Red Dome mining claims in Millard County. Defendant Beuhner Block Company is the owner of a minority interest in the Red Dome claims. Defendants Evan Anderson and Dexter Anderson are officers and stockholders of Fillmore Products, Inc. and Red Dome, Inc., a company which is purchasing a majority ownership interest in the Red Dome Claims and exclusive mining rights which the Morrisons hold. Millard County requested and obtained status as a defendant in intervention in this action. Plaintiff Ralph Memmott, doing business as Bali Hai Stone, is the owner of unpatented placer mining claims adjacent to those of the above-named defendants. The remaining plaintiffs are joint mining claim owners, along with Ralph Memmott, of the Bali Hai mining claims.

*752 In No. 17192 Memmott appeals from a decree of the district court 1) that a road known and hereafter referred to as the Northwest Road, which is conceded to be a public road, may be relocated approximately 1,800 feet to the north and 2) that a road known and hereafter referred to as the South Road is a public road. Plaintiffs were directed to remove a gate erected by them across the South Road.

In No. 17193 defendants appeal from that portion of the decree establishing that certain boundaries to their Red Dome Claims Nos. 5 and 7, different from the boundaries in the legal description, were established by acquiescence. Defendants also appeal the determination by the district court that the width of the South Road should be 16 feet rather than 22 feet.

NORTH ROAD

The first issue relating to the North Road is whether Memmott has standing to enjoin the relocation of the North Road on a parcel not owned by Memmott. Relocation of this concededly public road on defendants’ mining claims was necessitated when unknown persons mined too close to the existing road bed, resulting in a potentially dangerous condition. Defendants at first built a slight detour around the undermined area. The section of the road in question is entirely on defendants’ Red Dome Claims, and the relocation has the effect of causing Memmott to travel 1,800 feet more to reach his mining claims than if the road had not been relocated.

Defendants maintain Memmott has no standing to enjoin relocation of the road because he is not an abutting landowner. Memmott contends that he has standing by virtue of the injury that he, apart from the general public, will suffer by having to travel an additional 1,800 feet to and from his mining claim. He also asserts that, as the owner of mining claims abutting the road at a point removed from the relocation area, he has a private easement which precludes relocation of any part of the road without his consent.

Memmott’s right of access is not unlimited. Even as an abutting landowner he would only have had a right of reasonable ingress and egress under all the circumstances. Ray v. State Highway Commission, 196 Kan. 13, 410 P.2d 278 (1966), cert, denied, 385 U.S. 820, 87 S.Ct. 43, 17 L.Ed.2d 57; City of Louisville v. Kerr, Ky., 403 S.W.2d 30 (1966); W.E.W. Truck Lines, Inc. v. State, Department of Roads, 178 Neb. 218, 132 N.W.2d 782 (1965). A property owner does not have the right to the most direct route possible from his land to his destination. Jacobson v. State, State Highway Commission, Me., 244 A.2d 419 (1968). As long as he has reasonable access to his property and his means of ingress and egress are not substantially interferred with, he has no cause to complain. City of Phoenix v. Wade, 5 Ariz.App. 505, 428 P.2d 450 (1967).

The closing of a road and the providing of a new road which requires a landowner to travel 1,800 feet farther than before to reach his property does not constitute a deprivation of reasonable access to the public roads. City of Louisville v. Kerr, supra. The minimal diversion caused by the relocation which was done for the safety of the public and for those having mining claims in the area, including plaintiffs, does not rise to the level of interference with the property rights of even an abutting landowner.

Furthermore, Memmott urges that defendants should b¿ enjoined from relocating the road on their own initiative without authority from the County Commission. It is true that authority to relocate a public road does not lie with a private citizen. See §§ 17-5-38, 27-12-22, 27-12-25, 27-12-102.1, 27-12-102.2, Utah Code Ann. (1953), as amended. However, Millard County, an intervening party defendant, has not objected to the relocation of the road, and Memmott cannot assert the rights of the County.

The judgment of the district court that the North Road was properly relocated is therefore affirmed.

*753 SOUTH ROAD

Plaintiffs maintain that there was insufficient evidence for the district court to adjudge that the South Road is a public road. The term “Public Highway” is defined in § 27-12-2(8) as:

Any road, street, alley, lane, court, place, viaduct, tunnel, culvert, or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in any action for the partition of real property, and includes the entire area within the right of way.

It appears that the gate across the South Road was erected by plaintiffs in 1961. Plaintiffs place great reliance on the existence of the gate in showing that the road is not a public road. However, if the road were public before the gate was erected, the erection of the gate does not change the public nature of the road. See Sullivan v. Condas, 76 Utah 585, 290 P. 954 (1930).

As to the public or private nature of the road, plaintiffs review only their evidence that the road is private, i.e., primarily the testimony of plaintiff Ralph Memmott. They ignore the evidence in the record supporting the district court’s determination that the road is public. We conclude that there is substantial evidence to support the judgment of the district court.

The district court found that the road was in existence at least since 1940. Plaintiff himself testified that the South Road had been there “better than fifty years.” However, since the road in question crossed several different mining claims, it is necessary to analyze the character of the road segment by segment.

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Bluebook (online)
642 P.2d 750, 1982 Utah LEXIS 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/memmott-v-anderson-utah-1982.