Wasatch County v. Okelberry

2008 UT 10, 179 P.3d 768, 597 Utah Adv. Rep. 9, 2008 Utah LEXIS 15, 2008 WL 360842
CourtUtah Supreme Court
DecidedFebruary 12, 2008
Docket20070011
StatusPublished
Cited by24 cases

This text of 2008 UT 10 (Wasatch County v. Okelberry) 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
Wasatch County v. Okelberry, 2008 UT 10, 179 P.3d 768, 597 Utah Adv. Rep. 9, 2008 Utah LEXIS 15, 2008 WL 360842 (Utah 2008).

Opinion

DURRANT, Justice:

INTRODUCTION

¶ 1 In this case and two companion cases that we also decide today, 1 we consider the operation of Utah Code section 72-5-104(1) (the “Dedication Statute”), which provides as follows: “A highway is dedicated and abandoned to the use of the public when it has been continuously used as a public thoroughfare for a period of ten years.” 2 We granted certiorari in this case to consider whether the court of appeals erred in its application of the standard for ascertaining continuous use as a public thoroughfare under this statute. We conclude that it did so err. We reverse and remand for the entry of specific findings of fact relevant to the standard we announce today and for an application of that standard.

BACKGROUND

¶2 In 1957, Roy Okelberry and his sons, E. Ray and Lee, purchased a large tract of land (the “Property”) in Wasatch County near Wallsburg, Utah. E. Ray and Lee later acquired their father’s interest in the Property. Sometime thereafter, Lee sold his interest in the Property to E. Ray and E. Ray’s sons, Brian and Eric. E. Ray, Brian, and Eric Okelberry (the “Okelberrys”) currently own the Property and use it for their livestock operations.

¶ 3 Several unimproved mountain roads cross the Property, all of which begin and *771 end (or connect with roads that begin and end) at points outside of it. Four of these roads are at issue in this case: Circle Springs Road, Thorton Hollow Road, Parker Canyon Road, and Ridge Line Road (collectively, the “Four Roads”). 3 When Roy, E. Ray, and Lee Okelberry purchased the Property in 1957, fences on its east and south sides separated it from United States Forest Service property, and wire gates along these fences controlled access to the Four Roads, requiring persons entering or exiting the Property to open the gates before proceeding.

¶ 4 In 2001, Wasatch County filed a Complaint for Declaratory Judgment and Quiet Title against the Okelberrys, the Utah Division of Wildlife Resources, 4 and West Daniels Land Association, 5 seeking to have the Four Roads declared dedicated and abandoned to the use of the public pursuant to Utah Code section 72-5-104. 6 During a three-day bench trial, Wasatch County presented several witnesses who testified that they had used the Four Roads without the Okelberrys’ permission for recreational purposes during the 1960s, 1970s, and 1980s. These witnesses also testified that although there were gates on the roads, their use of the roads was unrestricted. The Okelberrys presented evidence and testimony that members of the public had not had unrestricted access to the roads, but that the gates on the roads had been locked, at least occasionally, as early as the late 1950s and that “No Trespassing,” “Keep Out,” or “Private” signs were posted. The Okelberrys testified that they had given permission to a large number of people in the community to use their roads and Property and had sold trespass and hunting permits. And witnesses testified that the Okelberrys, in the mid-1990s, placed their Property in a cooperative wildlife management unit for use as a private hunting unit. The Okelberrys and their employees testified that when they encountered persons on the Property or roads without express permission to be there, they asked them to leave.

¶ 5 At the conclusion of the bench trial, the trial court entered findings of fact and conclusions of law and, later, supplemental findings of fact. The trial court found “that there was no public use of the various roads in the 1940s or before and also that no evidence of vehicular use prior to the 1950s existed.” The court recognized that there were gates on the roads that the Okelberrys or their employees locked “[a]t various times in the past,” but found that they were locked “on a more permanent basis” beginning in the early 1990s. In addition, the court found *772 that “[p]rior to the gates being locked, the existence of the gates did not interrupt the public’s use of the roads.”

¶ 6 In its Conclusions of Law, the trial court stated as follows:

Taking even the [Okelberrys’] factual assertions as true, it is clear that individuals using the roads beginning in the late 1950s until the late 1980s or early 1990s used the roads without interruption, they used the roads freely, and though not constantly, they used the roads continuously as they needed. Therefore, [the] Court finds that prior to the interrupting mechanisms being put in place the roads in question were subject to continuous use....

The trial court also found that the majority of those using the roads were nonpermissive users and members of the general public. Thus, the court determined that “[p]rior to the locking of the gates in the early 1990s the roads were used as public thoroughfares.” And the court found “that the continuous use as a public thoroughfare continued for at least ten years, if not much longer, or for multiple periods of ten years.” The court therefore concluded that Wasatch County had established by clear and convincing evidence that the Four Roads had been abandoned and dedicated to the public. The court decided, however, that Wasatch County was equitably estopped from opening the roads to public use because the Okelberrys had, since 1989, asserted private control over the roads. The court stated that “[t]o allow the County now to assert an ownership interest in these roads would cause the Okelber-rys injury [and] would be unjust.”

¶ 7 Wasatch County appealed the trial court’s equitable estoppel determination, and the Okelberrys cross-appealed the court’s decision that the Four Roads had been dedicated to the public. The court of appeals reversed the trial court’s equitable estoppel decision and upheld its decisions regarding the public dedication of the Four Roads. 7 We granted certiorari to determine whether the court of appeals applied the correct standard for determining whether a road has been continuously used as a public thoroughfare pursuant to Utah Code section 72-5-104. The parties do not challenge, and we do not address, the equitable estoppel issue.

STANDARD OF REVIEW

¶8 “On certiorari, we review for correctness the decision of the court of appeals, not the decision of the district court.” 8 “The correctness of the court of appeals’ decision turns on whether that court correctly reviewed the trial court’s decision under the appropriate standard of review.” 9 An appellate court reviews a trial court’s legal interpretation of the Dedication Statute for correctness and its factual findings for clear error. 10 But whether the facts of a case satisfy the requirements of the Dedication Statute is a mixed question of fact and law that involves various and complex facts, evi-dentiary resolutions, and credibility determinations. 11

Free access — add to your briefcase to read the full text and ask questions with AI

Related

S and W Hunting Ranch v. Fautin
2024 UT App 60 (Court of Appeals of Utah, 2024)
Rodriguez v. Crosby
2024 UT App 7 (Court of Appeals of Utah, 2024)
Wittingham v. TNE Limited Partnership
2020 UT 49 (Utah Supreme Court, 2020)
State v. Ainsworth
2017 UT 60 (Utah Supreme Court, 2017)
Clearwater Farms LLC v. Giles
2016 UT App 126 (Court of Appeals of Utah, 2016)
State v. Garcia
2016 UT App 59 (Court of Appeals of Utah, 2016)
Utley v. Mill Man Steel, Inc.
2015 UT 75 (Utah Supreme Court, 2015)
San Juan County, Utah v. United States
754 F.3d 787 (Tenth Circuit, 2014)
Utah Department of Transportation v. Walker Development Partnership
2014 UT App 30 (Court of Appeals of Utah, 2014)
State v. Guard
2013 UT App 270 (Court of Appeals of Utah, 2013)
Turner v. University of Utah Hospitals & Clinics
2013 UT 52 (Utah Supreme Court, 2013)
Essential Botanical Farms, LC v. Kay
2011 UT 71 (Utah Supreme Court, 2011)
Haynes Land & Livestock Co. v. Jacob Family Chalk Creek, LLC
2010 UT App 112 (Court of Appeals of Utah, 2010)
State v. Poole
2010 UT 25 (Utah Supreme Court, 2010)
WASATCH COUNTY v. Okelberry
2010 UT App 13 (Court of Appeals of Utah, 2010)
Harold Selman, Inc. v. Box Elder County
2009 UT App 99 (Court of Appeals of Utah, 2009)
Pohl, Inc. of America v. Webelhuth
2008 UT 89 (Utah Supreme Court, 2008)
Town of Leeds v. Prisbrey
2008 UT 11 (Utah Supreme Court, 2008)
Utah County v. Butler
2008 UT 12 (Utah Supreme Court, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
2008 UT 10, 179 P.3d 768, 597 Utah Adv. Rep. 9, 2008 Utah LEXIS 15, 2008 WL 360842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wasatch-county-v-okelberry-utah-2008.