Summary 2012 WY 45
Summary of Decision March 27,
2012
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Summaries are prepared by Law
Librarians and are not official statements of the Wyoming Supreme Court
Case Name: BRAD CARNAHAN and BRENDA CARNAHAN v. REX I. LEWIS
and VICKIE R. LEWIS, as Trustees of the REX I. LEWIS LIVING TRUST and the
VICKIE R. LEWIS LIVING TRUST
Docket Number: S-11-0122
Appeal from the District Court
of Laramie County, Honorable Thomas T.C. Campbell, Judge
Representing Appellant
(Plaintiff/Defendant): Karen Budd-Falen,
Franklin J. Falen, Kathryn J.B. Morrow of Budd-Falen Law Offices, LLC,
Cheyenne, Wyoming. Argument by Ms. Morrow.
Representing Appellee (Plaintiff/Defendant): Nicholas G.J.
Healey and Timothy L. Woznick of Dray, Dyekman, Reed & Healey, PC,
Cheyenne, Wyoming. Argument by Mr. Healey.
Date of Decision: March 27, 2012
Facts: Rex I. Lewis and Vickie R.
Lewis, as trustees of the Rex I. Lewis Living Trust and the Vickie R. Lewis
Living Trust, (Lewises) and Brad and Brenda Carnahan (Carnahans) own property
in a subdivision in Laramie County. The Lewises filed a complaint seeking
a declaration that the Carnahans did not have authority to block their use of a
public easement to access their property, an injunction requiring the Carnahans
to remove a fence they erected across the easement and nuisance damages
allegedly caused by the blocked easement. The Carnahans filed counterclaims
for ejectment and trespass against the Lewises and a third party complaint
against the Lewises and Laramie County (which they alleged had an interest in
the easement) to have title to the easement quieted in them.
Both parties moved for summary judgment
and, after a hearing, the district court issued a decision letter ruling that
the Lewises had standing to bring their claim for declaratory relief but not to
collect damages for nuisance; Laramie County was not a necessary party; issues
of material fact existed precluding summary judgment as to the Carnahans’
statute of limitations and laches defenses; and the Board of Laramie County
Commissioners’ (Board) 2003 denial of an application to replat the subdivision
did not estop the Carnahans from maintaining a quiet title claim.
Subsequently, the district court ruled that an affidavit recorded in 1994 was
not effective to vacate the public easement because it did not comply with
state statute. Consistent with that ruling, the district court dismissed
the Carnahans’ trespass claim. The district court set for trial the
Carnahans’ statute of limitations and laches defenses. After trial, the
district court concluded neither the statute of limitations nor laches barred
the Lewises’ declaratory judgment action. Further, the district court
declared that Laramie County continued to hold the easement in trust for the
public, meaning the Lewises have the right to use the easement and the
Carnahans do not have the right to obstruct their use. The Carnahans appealed.
Issues: The Court
re-phrased the issues the Carnahans presented as follows:
1. Whether
the district court correctly held:
a. the
Lewises had standing to seek declaratory relief;
b. the
Lewises’ claims were not barred by the statute of limitations;
c. the
Lewises’ claims were not barred by the doctrine of laches;
d. the
Carnahans’ predecessors-in-interest did not properly vacate the public easement
in accordance with Wyo. Stat. Ann. § 34-12-101 et seq.; and
e. the
Carnahans’ trespass claim must be dismissed.
The Lewises contended the
district court ruling was correct on all of the above issues and raised the
additional issue that the Carnahans’ appeal should be dismissed as premature.
Holdings: The Court found
that this action resulted from an unfortunate set of circumstances.
Laramie County played a direct role in allowing a private landowner to build a
home on a public easement. Despite the seeming inequities, however, the
law does not provide a means to rectify the situation. It would be this
Court’s hope that the parties, together with the County, could work together to
resolve this matter by relocating Mountain View Loop a reasonable distance from
the Carnahans’ home to allow them at least to sell the property if it is not
acceptable to them to live there with the road crossing their property.
While it is difficult to tell without actually seeing the property, it appears
from some of the trial exhibits that where the current road jogs to the east
and runs into the residence, it could instead head southeast across what
appears to be prairie and rejoin the existing road where it turns west toward
the Lewises’ property.
The Lewises had standing to
maintain an action for declaratory judgment and injunctive relief. Their
claims were not barred by the statute of limitations or the equitable doctrine
of laches. The Griffiths’ 1994 Affidavit did not comply with Wyoming law
and was not effective, therefore, to vacate the easement dedicated to public
use through the subdivision. The Lewises have the right to use Mountain
View Loop, including the portion that crosses the Carnahans’ property.
The Carnahans are permanently enjoined from obstructing access along Mountain
View Loop. The orders and judgment of the district court are affirmed
Chief Justice Kite delivered the
opinion for the court.
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