Ponderosa Home Site Lot Owners v. Garfield Bay Resort, Inc.

85 P.3d 675, 139 Idaho 699, 2004 Ida. LEXIS 12
CourtIdaho Supreme Court
DecidedFebruary 11, 2004
Docket27807
StatusPublished
Cited by6 cases

This text of 85 P.3d 675 (Ponderosa Home Site Lot Owners v. Garfield Bay Resort, Inc.) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ponderosa Home Site Lot Owners v. Garfield Bay Resort, Inc., 85 P.3d 675, 139 Idaho 699, 2004 Ida. LEXIS 12 (Idaho 2004).

Opinions

KIDWELL, Justice.

This matter arose out of a dispute between the Plaintiff and the Defendant, relating to the ownership, control, and use of the “lake access” area found in the Ponderosa Home Sites Subdivision (PHS) located in Bonner County. At trial, the district court determined the public owned the “lake access” in the PHS. Plaintiff Stalsberg et al., the Appellant, seeks review of the district court’s decision by this Court.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On September 22,1960, Anna and Kenneth J. McWilliams platted an area of land titled Ponderosa Home Sites in Bonner County. The plat was recorded on January 20, 1961. The plat shows an area marked as “lake access.” The “lake access” is a small piece of lakeshore property located between lots 3 and 4 within PHS. The “lake access” is “L” shaped with a small piece of land between lots 3 and 4 connecting with the public road and the larger portion abutting to Garfield Bay on Lake Pend Oreille south of lot 4. The legal description of the exterior boundaries of the plat includes the area marked as “lake access.” The “lake access” was identified on the map without block or lot designation and without mention in the dedication. The plat included the following dedication: “[t]hey do hereby dedicate to the public, for the use of the public as highways the roads shown upon this plat.” Neither the plat nor any contemporaneous deeds, declarations or papers indicate who is to be the owner of the “lake access.”

Ponderosa and Stalsberg et al., filed suit on June 26, 1995, citing multiple causes of action. The parties filed joint Motions for Summary Judgment. The Summary Judgments were denied in part and granted in part. The district court held a trial on October 25, 26, and 27, 1999, and addressed the single issue of ownership of the “lake access” in the PHS. If the court determined that one of the parties owned the “lake access” then a later trial would be required to determine the issue of damages. Neither party called any witness who was in direct privity with the McWilliams. No evidence was introduced to demonstrate how or if the McWil-liams had made any representations concerning the ownership of the “lake access.” The district court held that neither Ponderosa and Stalsberg et al., nor Garfield et al., established their ownership of the “lake access.” Rather, the “lake access” was the subject of a common law dedication to the public. Stalsberg appeals the decision of the trial court.

II.

STANDARD OF REVIEW

Conclusions of law by a district court are subject to de novo review by this Court. Doolittle v. Meridian Joint Sch. Dist., 128 Idaho 805, 811, 919 P.2d 334, 340 (1996); see Iron Eagle Dev., L.L.C. v. Quality Design [701]*701Sys., Inc., 138 Idaho 487, 491, 65 P.3d 509, 513 (2003).

III.

ANALYSIS

The Trial Court Erred In Holding As A Matter Of Law That The Public Owned The “Lake Access.”

The district court held “[t]he ‘lake access’ was the subject of a common law dedication to the public.” A “[dedication is essentially the setting aside of real property for the use or ownership of others. Idaho recognizes common law dedication of land both for public, as well as for private use.” Sun Valley Land And Minerals, Inc. v. Hawkes, 138 Idaho 543, 548, 66 P.3d 798, 803 (2003). Public dedications are accomplished either statutorily or by the common law. Worley Highway Dist. v. Yacht Club of Coeur d’ Alene, 116 Idaho 219, 222, 775 P.2d 111, 114 (1989). Common law dedications to the public must satisfy a two-part test. See Sun Valley Land And Minerals, Inc., 66 P.3d at 803. “The elements of a common law dedication are (1) an offer by the owner clearly and unequivocally indicating an intent to dedicate the land and (2) an acceptance of the offer.” Id; Pullin v. Victor, 103 Idaho 879, 881, 655 P.2d 86, 88 (Ct.App.1982).

“The offer to dedicate may be made in a number of ways, including the act of recording or filing a subdivision plat depicting the specific areas subject to dedication, so long as there is a clear and unequivocal indication the owner intends to dedicate.” See Sun Valley Land And Minerals, Inc., 66 P.3d at 803. In determining the intent to dedicate, “the court must examine the plat, as well as ‘the surrounding circumstances and conditions of the development and sale of lots.’ ” Id. (citing Dunham v. Hackney Airpark, Inc., 133 Idaho 613, 616, 990 P.2d 1224, 1226 (Ct.App.1999)). It is clear that the McWilliams, the original owners of the platted property, intended to “dedicate to the public, for the use of the public as highways the roads shown upon this plat.” However, there is no explicit dedication for the “lake access.” As the district court found, “[n]either the plat nor any contemporaneous deeds, declarations or papers indicate who is to be the owner of the ‘Lake Access.’ ”

The area is depicted on the plat as “lake access” with no other clues as to intent or ownership. As another jurisdiction observed, “[t]he mere leaving of a blank upon the plat without any designation of its purpose cannot be held sufficient proof of an intention of the owner to dedicate the premises represented by such blank or undesignated space to public use.” Poole v. City of Lake Forest, 238 Ill. 305, 87 N.E. 320, 322 (1909). However, the subject area in this case was not left blank; rather, it was denoted as “lake access,” providing additional evidence of the lack of intent to dedicate to the public. Upon examination of the district court’s findings of fact, the district court seems to conclude that a common law public dedication occurred because of insufficient evidence of private ownership; therefore, the court concluded “[i]t is more probable than not that the McWilliams intended the ‘Lake Access’ to be a common law dedication to the public.” In other words, the district court decision suggests that a public common law dedication was the default conclusion.

The case at bar parallels the facts of Deffenbaugh v. Washington Water Power Co., 24 Idaho 514, 135 P. 247 (1913). In Deffen-baugh, one of the issues this Court decided was whether beach lands were dedicated to the public. Id. at 518, 135 P. at 248. The Respondent in Dejfenbaugh platted her property and dedicated to the public the streets and avenues that were shown on the plat. Id. However, the land between the lots and the water line were designated as “beach,” and at another location as “sand beach.” Id. This Court held “[t]he dedication did not include the water front or beach, and the plat does not in any way indicate that it is dedicated to the public, or that it was intended as a dedication in the same sense in which streets, alleys, and avenues are dedicated.” Id.

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Bluebook (online)
85 P.3d 675, 139 Idaho 699, 2004 Ida. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ponderosa-home-site-lot-owners-v-garfield-bay-resort-inc-idaho-2004.