Schott v. Miller

943 P.2d 1174, 1997 Wyo. LEXIS 109, 1997 WL 441812
CourtWyoming Supreme Court
DecidedAugust 7, 1997
DocketNo. 96-296
StatusPublished
Cited by1 cases

This text of 943 P.2d 1174 (Schott v. Miller) 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
Schott v. Miller, 943 P.2d 1174, 1997 Wyo. LEXIS 109, 1997 WL 441812 (Wyo. 1997).

Opinion

MACY, Justice.

Appellant Ann Schott appeals from the summary judgment which was entered in favor of Appellees Charles Miller and Susan Miller.

We affirm.

ISSUES

Schott presents three issues on appeal:

A. Did the District Court err in granting summary judgment to Appellees?

B. Having received and heard arguments upon all of the matters contained in the file and depositions of the parties, without objection from the Court nor from Appellee[s], did the District Court err in refusing to allow the filing of said materials and depositions as part of the record?

C. Does the Order granting Summary Judgment go beyond the decision letter and rulings or findings of the District Court?

FACTS

Schott acquired certain rural property in 1976 which was located in Natrona County. Prior to obtaining title to the property, she entered into a right-of-way agreement with Natrona County wherein Natrona County allowed her to place a water well and pipelines on land which was designated as a county road. The agreement provided in relevant part:

THIRD: The Board [of County Commissioners] reserves the right to use, occupy and enjoy its right-of-way, in such manner and at such times as it shall desire. If any such use shall at any time reasonably] necessitate any change in location or manner .of [use] of said improvements, or any part thereof, such change or alteration shall be made by ... Schott, at the sole expense of ... Schott, or upon the demand of the Board through the County Highway Superintendent, and neither the Board nor the County of Natrona shall be liable to ... Schott on account thereof, or on account of any damage growing out of any use which the County of Natrona or the Board, or either of them, may make of its county road right-of-way.
FOURTH: The County of Natrona and the Board, for the purpose of this right-of-way, hereby disclaim any representation or implication that it retains any title in any county road right-of-way other than a perpetual easement for road purposes for so much land as described by the instrument conveying such easement and f[u]rther disclaims any interest in and to the well located pursuant hereto except as herein specifically set forth.
... Schott accepts notice and agrees that any expenses or damages incurred by ... Schott t[hr]ough the abandonment, removal, reconstruction or alteration of any county road incurred by ... Schott at no expense whatsoever to the Board or to the County of Natrona.
SIXTH: That this right-of-way shall be revocable by the Board in its discretion and after six month[s’] written notice to ... Schott.
SEVENTH: The term of this right-of-way shall be for ninety-nine years from and after this date and shall be thereafter renewable by ... Schott or her heirs, assigns or personal representatives upon such terms and conditions as may be then negotiated between the parties.

Schott constructed the well and put the water to beneficial use.

In 1990, the Millers acquired title to property that adjoined Schott’s property and that was traversed by the county road on which Schott’s well and pipelines were located. In 1992, Natrona County vacated the portion of [1176]*1176the county road where the well and a portion of the pipelines were located and quitclaimed its interest in that land to Susan Miller. It did not reserve Schott’s right-of-way in the resolution vacating the road or in the quitclaim deed.

On May 24, 1995, the Millers notified Schott that they were exercising their right under the terms of the right-of-way agreement to revoke her right-of-way. In response to the notice, Schott filed an action in the district court, asserting that she had an interest in the property over which the vacated road passed for the purposes of maintaining and operating her well and pipelines. She claimed that she had an interest in the property by virtue of adverse possession and under the terms of the agreement with Na-trona County.

The Millers filed an answer and a counterclaim. They asked the district court to confirm their title to the property and to order Schott to remove her well and pipelines from their property or to sell the equipment to them. The Millers subsequently filed a motion for a summary judgment.

The district court held a hearing on the Millers’ summary judgment motion. During that hearing, Schott apparently relied on excerpts from the .parties’ depositions in making her arguments. She requested that the deposition transcripts be included in the record; however, the district court denied her request.

After the hearing had concluded, the district court issued a decision letter in which it found that no genuine issue of material fact existed and that the Millers were entitled to have a judgment as a matter of law. The district court, therefore, granted the Millers’ motion for a summary judgment. Schott appealed to this Court.

STANDARD OF REVIEW

A summary judgment is appropriate when no genuine issue as to any material fact exists and when the prevailing party is entitled to have a judgment as a matter of law. Garcia v. Lawson, 928 P.2d 1164,1166 (Wyo.1996); see also W.R.C.P. 56(c). We examine the record from the vantage point most favorable to the party who opposed the motion, and we give that party the benefit of all favorable inferences which may fairly be drawn from the record. JCI v. TL By TL (Paternity of TS), 917 P.2d 183, 185 (Wyo. 1996). We evaluate the propriety of a summary judgment by employing the same standards and by using the same materials as were employed and used by the lower court. Scott v. Scott, 918 P.2d 198, 199 (Wyo.1996). We do not accord any deference to the district court’s decisions on issues of law. Koopman By and Through Koopman v. Fremont County School District, 911 P.2d 1049, 1051 (Wyo.1996).

DISCUSSION

Schott contends that the district court erred by granting the Millers’ motion for a summary judgment.1 She argues that Na-trona County improperly vacated the road. The district court concluded that Schott could not assert this claim because Natrona County was not joined as a party in the lawsuit.

This Court has stated that, after a county has established a public road, the public has a vested right to use the road and that the county cannot vacate or abandon the road unless it follows the appropriate statutory procedures. Sare v. Sheridan County Board of County Commissioners, 784 P.2d 593, 595 (Wyo.1989); Board of County Commissioners, Carbon County v. White, 547 P.2d 1195, 1198 (Wyo.1976).

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Cite This Page — Counsel Stack

Bluebook (online)
943 P.2d 1174, 1997 Wyo. LEXIS 109, 1997 WL 441812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schott-v-miller-wyo-1997.