Washington Metropolitan Area Transit Authority v. Georgetown University

347 F.3d 941, 358 U.S. App. D.C. 216, 2003 U.S. App. LEXIS 22398, 2003 WL 22461434
CourtCourt of Appeals for the D.C. Circuit
DecidedOctober 31, 2003
Docket02-7016
StatusPublished
Cited by15 cases

This text of 347 F.3d 941 (Washington Metropolitan Area Transit Authority v. Georgetown University) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Washington Metropolitan Area Transit Authority v. Georgetown University, 347 F.3d 941, 358 U.S. App. D.C. 216, 2003 U.S. App. LEXIS 22398, 2003 WL 22461434 (D.C. Cir. 2003).

Opinions

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Dissenting opinion filed by Circuit Judge RANDOLPH.

HARRY T. EDWARDS, Circuit Judge:

This case concerns an easement held by Georgetown University on property owned by the Washington Metropolitan Area Transit Authority(“WMATA”). In 1895, [943]*943William J. and Barbara Fowler, Georgetown’s predeeessors-in-interest, sold a strip of their land in the District of Columbia to the Washington and Great Falls Electric Railway Company, WMATA’s predecessor-in-interest. The deed conveying the property reserved an easement for the Fowlers and their successors for a private right-of-way of “not less than twelve feet in width.” It is undisputed that, at the time of this conveyance, the private right-of-way was 12 feet in width on an existing road called Fowler’s Road.

In 1951, Georgetown requested and obtained a permit from WMATA’s predecessor-in-interest to relocate the easement and pave a 22-foot-wide road on Fowler’s Road. Since 1951, Fowler’s Road has been 22-feet wide. In 2000, Georgetown announced a plan to widen the roadway again, from 22 feet to 36 feet. This time, WMATA did not consent. WMATA then filed this trespass action against Georgetown. The District Court granted summary judgment for Georgetown and denied summary judgment to WMATA, holding that nothing in the language of the deed prohibits Georgetown from unilaterally widening Fowler’s Road so long as Georgetown does not interfere with roads on WMATA’s property. On appeal, WMATA argues that the District Court erred in its judgment, because nothing in the deed permits Georgetown to widen the road unilaterally. We agree. We hold that Georgetown’s proposed widening of the road amounts to a relocation of the easement, which is not permissible under District of Columbia law without the mutual consent of the parties. Therefore, we reverse the District Court’s grant of judgment to Georgetown and remand the ease for entry of judgment in favor of WMA-TA.

I. Background

WMATA currently owns property known as Lot 822, Square 1321, or the Rider’s Fund Land. It is adjacent to certain property owned by Georgetown. A paved, private road known as Fowler’s Road runs through WMATA’s property near its eastern end. Fowler’s Road connects the Georgetown campus with Canal Road.

On August 10,1895, the Washington and Great Falls Electric Railway Company, WMATA’s predecessor-in-interest, obtained the property by deed for $1750.00 from William J. and Barbara Fowler, Georgetown’s predecessors in-interest. The property consisted of two parcels of land, referred to by the deed as Parcels Number Two and Three. The railway company planned to build a bridge on the property for the running of railway trains. The Fowlers owned property on both sides of the parcels that they sold to the railway company. They reserved three easements on the deeded property as follows:

the perpetual right to pass and re-pass over any and all parts of the aforesaid “Parcels Numbers Two and Three”, to and from and between the lands lying on either side thereof ...
the absolute right to locate and dedicate, at any time in the future one or more public streets or highways across the said “Parcel Number Two (2)” of a width of not less than sixty (60) feet nor more than one hundred and twenty (120) feet each; provided, only, that the exercise of the said several rights hereby reserved shall not interrupt nor interfere with the proper running of the cars of the party of the second part, its successors or assigns upon the railway to be laid and constructed by it or them on the lands hereinbefore conveyed or the operation and maintenance of its road when the same shall have been completed, nor with the proper use of the said lands in [944]*944and about the construction of said road or railway ...
the private right of way leading from the public road known as the Canal Road, to the house of said William J. Fowler and other houses lying to the North of the lands hereby conveyed shall remain a private right of way as it is at present, and the right to the free, uninterrupted and unobstructed use of the same as a highway, subject to the erection and maintenance of a bridge by said party of the second part across the same, is hereby expressly reserved unto the said William J. Fowler, his heirs and assigns forever, it being understood and agreed that the width of said private right of way is and shall continue always to be not less that [sic] twelve (12) feet in width where it passes across the land herein conveyed to said company.

1895 Deed, Joint Appendix (“JA”) 20.

This case concerns the third easement referenced in the deed. Fowler’s Road is the “private right of way” to which it refers. The road lies at the eastern end of the property. As the deed indicates, the Fowlers’ right to use the property in the second easement was limited; the use could not interfere with the running of the railroad cars upon the railway to be constructed. The Fowlers’ right to use the property in the third easement was subject to the railway company’s right to build a bridge. In turn, the railway company’s right to build a bridge was limited: It was required to leave the Fowlers a private right-of-way of “not less than twelve feet.”

By 1951, Georgetown had acquired the Fowlers’ land, and the Capital Transit Company was the successor-in-interest to the Washington and Great Falls Railway Company. In 1951, Georgetown sought a permit from the Capital Transit Company to pave Fowler’s Road and widen the right-of-way to 22 feet. Capital Transit agreed and, on September 24, 1951, the parties executed a revocable permit which allowed Georgetown to build the proposed roadway. See Thirty-Day Revocable Permit To Cross D.C. Transit Right-of-Way, JA 53-54. Pursuant to the permit, Georgetown paved a road that measured 22 feet wide on Fowler’s Road. Fowler’s Road currently serves a portion of the university campus on which Georgetown is constructing several new buildings.

On March 23, 2000, Alan Brangman, the University Architect for Georgetown University, informed the General Manager of WMATA in writing of Georgetown’s interest in purchasing or leasing a portion of the WMATA property. Letter from Brangman to White of 3/23/00, JA 24. However, the parties were unable to agree to terms for the sale or lease of the land. Subsequently, on July 24, 2000, the University wrote WMATA indicating a desire to “reconfigure part of the University’s roadway leading from Canal Road to the main campus,” purportedly pursuant to Georgetown’s easement rights under the deed. Letter from Brangman to Denton Kent, WMATA’s Director of Property Development and Management, 7/24/00, JA 27-28. Georgetown planned to expand the road’s width from 22 feet to 36 feet. On September 13, 2000, WMATA provided written notification to Georgetown indicating that it did not consent to Georgetown’s plans for the widening of Fowler’s Road. The letter also stated that Georgetown “has no legal right to unilaterally relocate an easement.” Letter from Kent to Brangman of 9/13/00, JA 29-30. On November 13, 2000, Georgetown informed WMATA that it would be undertaking site grading and curb and gutter work within the easement area, and that it would restore any property disturbed by the construction to its previous condition. Letter from Brangman to Kent of 11/13/00, JA 31. Georgetown undertook and completed this work in March 2001.

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Cite This Page — Counsel Stack

Bluebook (online)
347 F.3d 941, 358 U.S. App. D.C. 216, 2003 U.S. App. LEXIS 22398, 2003 WL 22461434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-metropolitan-area-transit-authority-v-georgetown-university-cadc-2003.