Thursday, April 11, 2013

Summary 2013 WY 42

Summary of Decision April 11, 2013

Justice Voigt delivered the opinion for the Court. Affirmed.

Case Name: JASON THORNOCK and TRACY THORNOCK v. ERICK W. ESTERHOLDT, as Trustee of the Erik W. Thornock Revocable Trust dated August 6, 2009, and JEANNE M. ESTERHOLDT, as Trustee of the Jeanne M. Esterholdt Revocable Trust dated August 6, 2009.

Docket Number: S-12-0138


Appeal from the District Court of Lincoln County, Honorable Dennis L. Sanderson, Judge.

Representing Appellants: David M. Clark of Worrall & Greear, P.C., Worland, Wyoming

Representing Appellee: Sharon M. Rose, The Rose Law Firm, P.C., Evanston, Wyoming.

Date of Decision: April 11, 2013

Facts: The Thornocks filed an action against the Esterholdts and others, seeking to quiet title to certain lands in Lincoln County, Wyoming. The district court eventually granted summary judgment to the Thornocks as to some of the land, but denied summary judgment as to a certain strip of property. After a bench trial, the district court quieted title in the disputed strip of land in the Esterholdts. The Thornocks appealed.

Issues: 1. Whether an appurtenant easement was created by a deed that granted, in addition to tracts of fee title land, “[a]lso that right of way to be used in connection with said land and described as follows:…”

2. Whether, if the answer to the first question is in the negative, an appurtenant easement was created by a deed that granted “[a] right-of-way, described as follows, to wit:…”

Holdings: The district court’s findings of fact are not clearly erroneous in any material way, and they support the court’s conclusions of law. The Thornocks do not have an appurtenant easement in the disputed land, which is owned by the Esterholdts. The district court is affirmed.

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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was 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]

No comments:

Check out our tags in a cloud (from Wordle)!