Steele v. O'Neal

87 So. 3d 559, 2011 WL 3780092, 2011 Ala. Civ. App. LEXIS 228
CourtCourt of Civil Appeals of Alabama
DecidedAugust 26, 2011
Docket2100259
StatusPublished
Cited by1 cases

This text of 87 So. 3d 559 (Steele v. O'Neal) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steele v. O'Neal, 87 So. 3d 559, 2011 WL 3780092, 2011 Ala. Civ. App. LEXIS 228 (Ala. Ct. App. 2011).

Opinions

PER CURIAM.

Otha Steele and Harold E. Steele (“the Steeles”)1 appeal from a judgment of the Jackson Circuit Court granting Hugh O’Neal, Lonnie Hill, and Anita Hill a private easement by prescription over an unpaved roadway (“the roadway”) that crosses the Steeles’ property and denying the Steeles the monetary damages they had requested.

The Steeles own a parcel of property in Jackson County, and the roadway crosses a portion of that property. O’Neal owns a parcel of property that abuts the Steeles’ property; his only means of vehicular access to this property is by means of the roadway. The Hills own a parcel of property that adjoins O’Neal’s property; like O’Neal, the Hills can only access their property by the roadway.

On November 6, 2002, O’Neal filed a complaint alleging that Otha Steele and her husband, James Steele, had interfered with his use of the roadway. O’Neal requested a temporary restraining order (“TRO”), a preliminary injunction, and a permanent injunction enjoining Otha and James from interfering with his use of the roadway. In his complaint, O’Neal presented alternate theories to support his request for injunctive relief: (1) that the roadway was a public road and (2) that he had acquired a private easement by prescription by virtue of his and his predecessors in title’s use of the roadway for more than 20 years. On November 6, 2002, the trial court entered the TRO and set the matter for a hearing on November 18, 2002. After the hearing, the trial court entered a preliminary injunction enjoining Otha and James, or anyone acting on their behalf, from interfering with O’Neal’s use of the roadway and allowed O’Neal to erect a gate across the roadway. O’Neal was required to provide Otha and James with a key to the gate. The trial court also allowed O’Neal to use the roadway until January 1, 2003, to remove timber harvested on his property; however, O’Neal was responsible for repairing the roadway to restore it to the condition it was in before the timber was removed. On January 22, 2003, Lonnie Hill moved to intervene in the action, asserting that he was an adjoining landowner and that he had an interest in the use of the roadway.

Otha and James answered O’Neal’s complaint, denying all of its material allegations. On May 5, 2003, Otha and James filed a counterclaim against O’Neal and various fictitiously named defendants, claiming that O’Neal and others had trespassed on their property, had damaged timber, had caused damage to the land and roadways by flooding and erosion, and had diminished the value of the Steeles’ property. Otha and James requested $1 million in compensatory and punitive damages. O’Neal answered the counterclaim, denying all of its material allegations.

Approximately one year later, on May 18, 2004, Otha and James filed a third-party complaint against Lonnie Hill’s wife, Anita, and Mark Henley2 alleging that O’Neal, the Hills, and Henley had trespassed on their property; had damaged their land, fences, timber, roadway, and bridge; and had removed a gate that they had erected on the property. Otha and James again requested compensatory and [562]*562punitive damages. They also filed an amended counterclaim on May 18, 2004, alleging that O’Neal, the Hills, and Henley had violated the trial court’s November 18, 2002, order by continuing to trespass on their property and had caused further damage to the property. On the same date, Otha filed a suggestion of death for James.

On January 7, 2005, Harold E. Steele, James and Otha’s son, filed a motion to intervene, alleging that he was a co-owner of the property across which ran the roadway. The trial court granted Harold’s motion on January 11, 2005. Harold answered O’Neal’s complaint, denying all of its material allegations. Harold also adopted the claims asserted by Otha in her counterclaim and third-party complaint.

On January 15, 2005, O’Neal and the Hills filed an amended complaint, claiming that the Steeles had violated the trial court’s preliminary injunction by interfering with O’Neal’s right to use the roadway to access his property; the Hills asserted that the Steeles had also interfered with their use of the roadway. O’Neal and the Hills requested that the trial court hold the Steeles in contempt for their violation of the preliminary injunction. O’Neal and the Hills also filed a motion seeking to broaden the scope of the preliminary injunction to explicitly apply to the Hills and Harold. The trial court, over the Steeles’ objection, granted that motion on February 4, 2005.

The trial of the matter took place on February 28, 2006. The trial court heard ore tenus evidence from numerous witnesses regarding the character and use of the roadway. The evidence adduced at trial tended to show the following.

The roadway, which is unpaved, has been in existence since at least 1911. Witnesses testified that in 1968, a public bridge on the main road over Big Coon Creek washed out. While that bridge was impassable, six or seven families used the roadway and its bridge to access their properties. A school bus and a mail-delivery vehicle also traveled on the roadway while the bridge was out. Larry Glass, who does not own any property accessible by the roadway, testified that in the 1970s, he often used the roadway to take his sons fishing.

J.D. Phillips; who formerly owned the property owned by O’Neal and the Hills, was unable to attend the trial because of ill health, and his deposition testimony was submitted into evidence. Phillips said that in 1972, he purchased the land that included the parcels now owned by the Hills and O’Neal. Phillips testified that he used the roadway crossing the Steeles’ property for at least 12 years to access his property. He said that he also used the roadway to haul timber from his property to the county road that intersects with the roadway. Phillips also said that he made improvements to the roadway.

Harold Steele said that his parents moved to their property in 1984, but it had been in the family for decades. Also in 1984, the Hills purchased their parcel of property from Phillips. Phillips took Lonnie Hill to the property by way of the roadway, crossing the Steeles’ property. Phillips told Hill that the roadway was the only way to access his property. Since 1984, the Hills have continuously used the roadway to access their property. They eventually built a cabin on the property and used the roadway to bring building materials to the site. In 1984, Lonnie Hill said, he installed a gate at the roadway’s entrance from County Road 53. He testified that, at that time, he gave James Steele a lock and key to the gate. Harold testified that from 1970 until Hill put up the gate, there had been a cable across the roadway’s entrance.

[563]*563Larry Cheatwood and Geraldine Cheat-wood purchased a parcel of property from Phillips, and O’Neal purchased that parcel from the Cheatwoods in 1993. O’Neal testified that he used the roadway to access his property for hunting, harvesting timber, and “rig racing.” Hill provided O’Neal with a key to the gate at the. roadway’s entrance. O’Neal said that the utility company also had a key to the gate so that it could reach the Hills’ property to read the electric meter at the Hills’ cabin each month.

In 2002, O’Neal hired Thompson & Har-wood (“Thompson”) to harvest the timber on his property. To facilitate the hauling of timber, Thompson cleared the roadway, added rock to part of the roadway, and “smoothed it out” to make it passable for its logging trucks.

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Related

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Cite This Page — Counsel Stack

Bluebook (online)
87 So. 3d 559, 2011 WL 3780092, 2011 Ala. Civ. App. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steele-v-oneal-alacivapp-2011.