Summary 2011 WY 25

Summary of Decision

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it is issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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

Case Name: Cash v. Granite Springs Retreat Ass’n., Inc.

Citation: 2011 WY 25

Docket Number: S-10-0117

URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=461764

Appeal from the District Court of Laramie County, the Honorable Thomas T.C. Campbell, Judge

Representing Appellants (Plaintiffs): Daniel B. Frank of Frank Law Office, P.C., Cheyenne, Wyoming.

Representing Appellees (Defendants) Granite Springs Retreat Association, Inc.; John and Sylvia Passehl; Marty and Gail Gill; Cheryl and Doug Brown; Craig Folsom and April Walton; Mike Trenam; Ben Hilsen and Susan Jennelly; Michael Duskin; Tim and Lynn Babbitt; Michael Emerson; Scott Smith and Deb Baumer; Richard W. Magill, Jr. and Tracy Farrell; Ted and Jan Lydigsen; CJ and David Di Pietra; Joe and Cindy Marek; Bob Lick and Joanne Steane; Darrell and Dorothy Ban; Don and Barbara Sullivan; Rob and Nicole Farnham; Gary and Jo Ellen Mass; Davie Bilski; Pete and Nancy Fillion; Dave and Melissa Brumbaugh; John and Lesley Zimmerman; Jerry and Kristen Peterson; and Mike and Chris Caltagirone:
Kate M. Fox and Amanda K. Ferguson of Davis & Cannon, LLP, Cheyenne, Wyoming. Argument by Ms. Fox.

Representing Appellees J.T. and Aimee Walsh: William L. Hiser of Brown & Hiser, LLC, Laramie, Wyoming.

Representing Appellees Lynn Williams-Haas, Ted and Emma Esquibel, Jacque Cash, and Mary Maturi: Pro se. No appearance
Date of Decision: February 17, 2011

Facts: The district court ruled subdivision covenants recorded before the developer acquired legal title to the property were enforceable as equitable servitudes. Plaintiffs own property in the subdivision and claim the district court erred in reaching that decision.

Issues: 1) Whether the district court erred when it held that Subdivider held an equitable interest in land through an oral agreement such that when he recorded a Declaration of Protective Covenants (DPC) on a subdivision he owned at the time, the DPC was also effective and encumbered the land that was the subject of the oral agreement to which Subdivider had no legal title and had not been platted as a subdivision; 2) Whether the DPC applied to the lands of the subdivision second filing, when the land was not platted as a subdivision at the time the DPC was recorded and there is no indication in any document that the DPC encumbered these unplatted lands before or after platting; and 3) Whether the Plaintiffs had notice that the DPC encumbered their land at the time of purchasing their respective tracts.

Holdings: All of the elements for imposition of equitable servitudes upon the subdivision second filing properties were met in this case. The district court, relying on this Court’s decision in Streets v. J.M. Land Developing Co., properly ruled that Mr. Miller had equitable title to the property when he recorded the declaration of protective covenants, he intended to burden the entire development with the covenants, and the plaintiffs purchased their lots with notice of the covenants. The district court’s order granting summary judgment in favor of GSRA and the other defendants was affirmed.

Chief Justice Kite delivered the opinion for the court.