Summary 2008 WY 45

Summary of Decision issued April 14, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Jenkins v. Miller

Citation: 2008 WY 45

Docket Number: S-07-0216

Appeal from the District Court of Johnson County, the Honorable John G. Fenn, Judge

Representing Appellants (Defendants): Kim D. Cannon and J. Mark Stewart of Davis & Cannon, Sheridan, Wyoming.

Representing Appellees (Plaintiffs): Dennis M. Kirven and Benjamin S. Kirven of Kirven & Kirven, PC, Buffalo, Wyoming.

Facts/Discussion: The Jenkins’ challenge the district court’s grant of summary judgment in favor of the Millers and sua sponte dismissal of Jenkins’ counterclaim with respect to a private road easement. Millers had requested declaratory relief regarding an Easement Deed unilaterally recorded by Jenkins, the terms of which Millers disputed. Jenkins counterclaimed for a declaration that the same Easement Deed was valid and further that the parties were bound by an historical oral agreement for easement. The district court granted judgment in favor of Millers, concluding that Millers never accepted the Easement Deed and that there was no legally enforceable access to Millers’ lands. The court further dismissed Jenkins’ counterclaim on the grounds that Jenkins were precluded from seeking such declaratory relief as the decision to pursue an easement rested only with Millers, as potential grantees/dominant estate owners.
Grant of Millers’ Motion for Summary Judgment: Wyoming law holds that the grantees must “accept” the offered easement for the easement to be valid and binding. Millers argued that a letter and their Notice of Non-acceptance of Easement Deed were sufficient to demonstrate rejection of the Easement Deed. However, the Millers continued to use the route which had been used consistently for over twenty years. The Court stated the record could have supported a conclusion in favor of either party at that point.
The district court was also asked to determine whether Millers had any legally enforceable access, which request would encompass possibilities such as irrevocable license or an oral easement falling outside the statute of frauds. The Court noted it was one thing to say that Millers timely and appropriately rejected the Easement Deed but quite another to say that they had no legally enforceable license that they historically had accepted. The record showed that the parties had negotiated the gravel road in its current location in exchange for a grant of “permanent easement.”
Dismissal of Jenkins’ Counterclaim for Declaratory Judgment: The district court dismissed sua sponte Jenkins’ counterclaim for declaratory relief. Sua sponte dismissals require adherence to a specific procedure. The district court failed to follow it. Therefore, the matter was remanded to the district court with directions to follow the procedural steps outlined in Osborn.
The Court addressed the district court’s conclusion that the right to pursue an easement rests exclusively with the petitioners, and that the Defendants were precluded from bringing a declaratory judgment action. “Landlocked” property owners cannot be forced to pursue legal remedies such as common law way of necessity or an implied easement, prior to seeking a private road pursuant to Wyoming’s private road statutes. Wyoming also recognizes the rights of property owners whose lands will be subjected to the imposition of private roads. Such property owners should have the right to determine the status of alleged or potential existing legally enforceable access through their lands even where those rights have not yet been adjudicated.

Holding: The district court erred in granting summary judgment to Millers, both in its determination that there were no issues of fact regarding Millers’ acceptance of the Easement Deed and in its conclusion that there were no issues of fact regarding Millers’ lack of legally enforceable access to their lands. The district court further erred in dismissing Jenkins’ counterclaim on the grounds that Jenkins as alleged grantors of an easement were without authority to seek a declaratory judgment as to the validity of that easement or their rights thereunder.

Reversed.

D.J. Donnell delivered the decision.

Link: http://tinyurl.com/65sdue .

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