White v. Allen

2005 WY 72, 115 P.3d 8, 2005 Wyo. LEXIS 85, 2005 WL 1553960
CourtWyoming Supreme Court
DecidedJuly 6, 2005
DocketNo. 04-155
StatusPublished
Cited by4 cases

This text of 2005 WY 72 (White v. Allen) 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
White v. Allen, 2005 WY 72, 115 P.3d 8, 2005 Wyo. LEXIS 85, 2005 WL 1553960 (Wyo. 2005).

Opinion

KITE, Justice.

[¶ 1] Pro se appellant Anne White appeals from a district court decision finding appellees Dan and Malinda Allen (the Allens) could use cattle guards instead of gates on their access easement across Ms. White’s property. We affirm.

ISSUES

[¶ 2] The issues presented by the parties are as follows:

I. Whether, as a matter of law, the word “control” in the Allen’s easement allows the owner of the Allen parcel to declare the right an “open way,” based upon a finding of fact that they “control” the entire road.
II. Whether, as a matter of law, the plaintiffs use of cattle guards in lieu of gates do[es] not materially increase the burden on the servient estate.
III. Whether the servient estate should be allowed to seek a trespass action against the dominant estate for misuse of the servitude, in tort, and have a jury trial.

FACTS

[¶ 3] This is the second appeal of this particular case to this Court. White v. Allen, 2003 WY 39, 65 P.3d 395 (Wyo.2003). Ms. White and the Allens own adjacent properties in rural Laramie County. Ms. White grazes approximately twenty head of cattle on her forty-acre parcel. The Allens have an access easement across Ms. White’s property. In June 2000, the Allens installed cattle guards at each end of their access easement. Ms. White was concerned about her cattle crossing the cattle guards; consequently, she installed wire gates across the cattle guards and insisted that they be closed at all times. The Allens found it to be inconvenient and unsafe to open and close the gates each time they traveled the easement.

[¶4] The Allens filed an action in the district court seeking a declaration concerning whether they could place cattle guards across their easement in lieu of the gates. The district court entered summary judgment in favor of the Allens. White, ¶ 6. The district court ruled, in accordance with Van Raden v. Harper, 891 P.2d 78, 79 (Wyo.1995) that, as a matter of law, the Allens’ use of cattle guards in place of gates did not materially increase the burden on Ms. White’s ser-vient estate and that Ms. White did not “have the right to insist upon the usage of gates in addition to or in lieu of cattle guards.”

[¶ 5] Ms. White appealed the district court’s decision, and we reversed and remanded for a trial. White, ¶ 18. We over[11]*11ruled Van Raden, and its progeny to the extent they stood for the proposition that, as a matter of law, cattle guards may be substituted for gates and do not place an unreasonable burden upon the servient estate. White, ¶¶ 11-12. This Court ruled, instead, that the determination of whether a dominant easement owner may place cattle guards on his easement in place of gates is a question of fact which must be determined on a case-by-case basis. White, ¶ 12. Consequently, we remanded the ease to the district court to determine “[w]hether such gates are reasonably necessary to the servient estate, or constitute an unreasonable inconvenience to the dominant estate[.]” White, ¶ 16.

[¶ 6] On remand, the district court held a bench trial. At the conclusion of the trial, it issued its findings of fact, conclusions of law and order pursuant to Wyo. R. Civ. P. 52. The district court found the Allens’ use of cattle guards instead of gates did not materially increase the burden on Ms. White’s ser-vient estate and permanently restrained Ms. White from placing gates on the easement. Ms. White filed a timely notice of appeal.

STANDARD OF REVIEW

[¶ 7] We apply the following standard to review a decision rendered by the district court after a bench trial:

“The factual findings of a judge are not entitled to the limited review afforded a jury verdict. While the findings are presumptively correct, the appellate court may examine all of the properly admissible evidence in the record. Due regard is given to the opportunity of the trial judge to assess the credibility of the witnesses, and our review does not entail re-weighing disputed evidence. Findings of fact will not be set aside unless they are clearly erroneous. A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.”

Harber v. Jensen, 2004 WY 104, ¶ 7, 97 P.3d 57, ¶ 7 (Wyo.2004) quoting, Life Care Centers of America, Inc. v. Dexter, 2003 WY 38, ¶ 7, 65 P.3d 385, ¶ 7 (Wyo.2003). See also, Powder River Ranch, Inc. v. Michelena, 2005 WY 1, ¶ 8, 103 P.3d 876, ¶ 8 (Wyo.2005).

“[W]e assume that the evidence of the prevailing party below is true and give that party every reasonable inference that can fairly and reasonably be drawn from it. We do not substitute ourselves for the trial court as a finder of facts; instead, we defer to those findings unless they are unsupported by the record or erroneous as a matter of law.”

Life Care Centers, ¶ 7 (citation omitted). The district court’s conclusions of law are reviewed de novo. Powder River Ranch, Inc., ¶ 8; Double Eagle Petroleum & Mining Corp. v. Questar Exploration & Production Co., 2003 WY 139, ¶ 6, 78 P.3d 679, ¶ 6 (Wyo.2003).

DISCUSSION

A. Easement Language

[¶ 8] The relevant language of the Allens’ access easement granted the dominant owner the right to “construct, use, control, maintain, improve and repair a road” over the servient estate. The district court interpreted the access language as follows:

1. The inclusion of the word “control” in [t]he [e]asement supports the conclusion that it was the intention of the grantor of [t]he [e]asement to give the owner of the Alen Parcel the right to install cattle guards on the ends of [t]he [e]asement and to insist that the right of passage represented by [t]he [e]asement b[e] an “[o]pen way of pass[age]” unimpeded by gates across [t]he [e]asement.

Ms. White claims that the district court erred by ruling that the term “control” in the easement document justifies the substitution of cattle guards for gates on the easement.

[¶ 9] Under the law of this ease, the district court’s interpretation of the “control” language was unnecessary. We held in the original White decision that the easement language did not, as a matter of law, grant the dominant owners the right to install cattle guards in lieu of gates. White, ¶¶ 11-12. Instead, we ruled that “[wjhether such gates are reasonably necessary to the servient es[12]*12tate, or constitute an unreasonable inconvenience to the dominant estate, are questions of fact to be resolved by the fact finder in the light of all the evidence that may be presented by the parties.” White, ¶ 17. Consequently, the district court’s decision on the factual issue of the reasonableness of cattle guards versus gates was dispositive. We, therefore, turn directly to that issue.

B. Reasonableness of Dominant Owner’s Use of the Easement

[¶ 10] The district court ruled: “[The Allens] use of cattle guards in lieu of gates does not materially increase the burden on the servient estate held by [Ms.

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Bluebook (online)
2005 WY 72, 115 P.3d 8, 2005 Wyo. LEXIS 85, 2005 WL 1553960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-allen-wyo-2005.