Wilson & Son Ranch, LLC v. Hintz

253 P.3d 470
CourtCourt of Appeals of Washington
DecidedJune 21, 2011
Docket29126-0-III
StatusPublished
Cited by9 cases

This text of 253 P.3d 470 (Wilson & Son Ranch, LLC v. Hintz) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson & Son Ranch, LLC v. Hintz, 253 P.3d 470 (Wash. Ct. App. 2011).

Opinion

253 P.3d 470 (2011)

WILSON & SON RANCH, LLC, a Washington limited liability company, Appellant,
v.
Phillip M. HINTZ and Shannon M. Hintz, husband and wife, Respondents,
Les Wilson and Jane Doe Wilson, husband and wife, and the marital community composed thereof, Defendants.

No. 29126-0-III.

Court of Appeals of Washington, Division 3.

June 21, 2011.

*471 John Maurice Groen, Groen Stephens & Klinge LLP, Bellevue, WA, for Appellant.

Nicholas Lee Wallace, Schultheis Tabler Wallace PLLC, Ephrata, WA, for Respondents.

SIDDOWAY, J.

¶ 1 Wilson & Son Ranch LLC appeals a judgment determining that Phillip and Shannon Hintz hold both an express easement that partly coincides with a gravel road running across Wilson's estate as well as an easement by prescription to use the portions of that road not covered by the express easement. Wilson also challenges the trial court's ruling that the Hintzes' use of their property for hosting temporary outdoor events such as weddings does not exceed the scope of the express easement. Because we find that the Hintzes' business does not exceed the scope of the easement and that Wilson's other arguments have not been properly preserved for review, we affirm.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 This appeal concerns a parcel of land near Moses Lake known as Farm Unit 55, Block 40. A current map of this property is depicted below.

*472

Ex. 1 (digital alterations ours).

¶ 3 At the northeastern corner of this parcel is the beginning of Private Road 11.5, the only means of accessing the property at all times relevant to this appeal. This gravel road proceeds west from Stratford Road along the northern boundary of the property. At about the midpoint of the northern boundary line, the road veers in a southwesterly direction until reaching the western boundary of the property.

¶ 4 Herman Jones purchased Farm Unit 55, Block 40 in 1968. In 1973, Mr. Jones sold the eastern portion of the property to Darrell and Alice Larson while retaining the western portion for himself. Mr. Jones reserved an appurtenant easement in the deed conveying title to the eastern portion of the property that provided "[n]on-exclusive easement for ingress and egress over and across a strip of land 20 feet in width." Ex. 2. The legal description of the easement's location did not cover the entirety of the gravel road Mr. Jones used to access his property. The map above approximates the actual location of the express easement as agreed upon by the parties at trial.

¶ 5 Mr. Jones continued to use the gravel road to access his property, primarily for hunting purposes, until he sold his remaining parcel to Colin Skane in 1978. He was aware that Mr. Skane intended to operate a commercial fish hatchery on the property at the time of sale. Mr. Skane utilized the land as such until 1990. At that time, he sold the property to its current occupants, respondents Phillip and Shannon Hintz.

¶ 6 Mr. Hintz continued the fish hatchery business for the next 11 years. Much like Mr. Skane, Mr. Hintz's business invitees regularly *473 used the gravel road to conduct business on the property. In 2001, the Hintzes ended their fish hatchery business and began hosting temporary outdoor events such as weddings on their property. They currently operate this business through a limited liability company, Hidden Meadow LLC. Also in 2001, the Hintzes would convey a substantial part of their property to the Grant County public utility district.

¶ 7 Meanwhile, the eastern parcel of Farm Unit 55, Block 40 was sold by the Larsons and eventually came into the possession of Randy Knopp in 1995. He would use this property for agricultural purposes until 2001, when he sold the property to Walters Land & Livestock LLC. Walters would sell this property in March 2007 to the current owner, appellant Wilson & Son Ranch LLC.

¶ 8 In 2007, the Hintzes obtained a conditional use permit (CUP) from the Grant County Board of Commissioners permitting them to host up to 28 outdoor events each year. The Hintzes had been previously limited to conducting four or fewer of these events per year by county ordinance. After obtaining the permit, they conducted 18 events in 2007, 19 in 2008, and 14 in 2009. An average of 30 to 60 vehicles used the gravel road to reach the Hintzes' property for each event. However, the annual amount of commercial traffic utilizing this road has not substantially differed from their previous business.

¶ 9 In 2009, Wilson sued to enjoin the Hintzes' use of the easement for the outdoor events business, arguing that their use of the gravel road for this purpose exceeded the scope of the easement. The Hintzes disputed this contention and counterclaimed that they had acquired an easement by prescription in the gravel road after learning that the road did not completely coincide with the express easement. They also sought to utilize their express easement by widening a portion of the gravel road and claimed that Wilson must remove a center pivot irrigation structure for that expansion because the structure is located within the express easement.

¶ 10 The trial court sided with the Hintzes on these issues. It concluded that their use of the property for temporary outdoor events was within the scope of the easement. It also found that a prescriptive easement had been established for any portions of the gravel road outside of the express easement, and that Wilson would be required to remove its center pivot structure within 60 days after receiving written notice from the Hintzes because it lies within their express easement. This appeal followed.

ANALYSIS

¶ 11 Wilson contends that (1) the Hintzes do not have a prescriptive easement because the original owners of the two estates mutually consented to make the express easement fully coincide with the gravel road and (2) the Hintzes' outdoor events business exceeds the scope of the express easement.

I

¶ 12 Wilson first argues that the trial court erred in finding that the Hintzes hold a prescriptive easement to use the portions of the gravel road lying outside of their express easement. It suggests that the Hintzes actually hold an express easement covering the gravel road in its entirety because the original owners of the two estates mutually consented to shift the express easement to coincide with that road. Therefore, Wilson argues, the trial court erred by ordering its irrigation pivot located in the legal description of the easement to be removed. The Hintzes respond that we should decline to consider this argument, not only because it was not raised before the trial court, but because it is also factually inconsistent with Wilson's position below.

¶ 13 Generally, appellate courts will not entertain issues raised for the first time on appeal. RAP 2.5(a); Brundridge v. Fluor Fed. Servs., Inc., 164 Wash.2d 432, 441, 191 P.3d 879 (2008). The reason for this rule is to afford the trial court with an opportunity to correct errors, thereby avoiding unnecessary appeals and retrials. Smith v. Shannon, 100 Wash.2d 26, 37, 666 P.2d 351 (1983). Similarly, we do not consider theories not presented below. Doe v. Puget Sound Blood *474 Ctr., 117 Wash.2d 772, 780, 819 P.2d 370 (1991).

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

Related

City Heights Holdings, LLC v. Howard R. Hunter
Court of Appeals of Washington, 2025
Jean Hagel, V Duke N. Bui
Court of Appeals of Washington, 2025
State of Washington v. Ray G. Deonier
Court of Appeals of Washington, 2024
Jonathan Liffgens, Et Ux, V Luke Dorny
Court of Appeals of Washington, 2022
Bryan Michael Aneweer v. Amber Mae Smithlin
Court of Appeals of Washington, 2020
Jane Doe 1 v. Wash. State Comm. College Dist. 17
Court of Appeals of Washington, 2020
Jeffrey Horn, et ux v. Steven F. Schroeder
Court of Appeals of Washington, 2018
State Of Washington v. Maksim v. Burich
Court of Appeals of Washington, 2015

Cite This Page — Counsel Stack

Bluebook (online)
253 P.3d 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-son-ranch-llc-v-hintz-washctapp-2011.