Plows, M. v. Roles, D. ( 2018 )


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  • J-S78014-17
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    MICHAEL E. PLOWS AND                     :   IN THE SUPERIOR COURT OF
    BERNADETTE PLOWS                         :        PENNSYLVANIA
    :
    :
    v.                          :
    :
    :
    DENNIS ROLES AND JESSICA M.              :
    ROLES                                    :   No. 631 WDA 2017
    :
    Appellant             :
    Appeal from the Judgment Entered March 24, 2017
    In the Court of Common Pleas of Cambria County Civil Division at No(s):
    2014-1109
    BEFORE:    OLSON, J., DUBOW, J., and STRASSBURGER*, J.
    MEMORANDUM BY OLSON, J.:                          FILED JANUARY 22, 2018
    Appellants, Dennis Roles and Jessica M. Roles, appeal from the
    judgment entered on March 24, 2017, following a bench trial wherein the
    trial court granted Michael E. Plows and Bernadette Plows (hereinafter “the
    Plows”) the right to install a sewer line through a right-of-way that traverses
    Appellants’ property. Upon review, we affirm.
    The trial court summarized the facts and procedural history of this
    case as follows:
    This case involves a dispute between adjoining landowners.
    [The Plows] purchased a property with an address of 664
    Headricks Road, Johnstown, PA 15909 on September 27, 2000.
    The Plows’ deed for their property includes a 14[-]foot right-of-
    way that traverses [Appellants’] property. In 2002, the Plows
    began to experience problems with their septic tank and
    eventually, after trying several remedial measures, they applied
    to have municipal water installed through the Jackson/East
    ____________________________________
    * Retired Senior Judge assigned to the Superior Court.
    J-S78014-17
    Taylor Township Sewer Authority. [Appellants] purchased the
    adjoining property in 2010. At some point thereafter, animosity
    between the two neighbors developed. Particularly, Mrs. Plows
    testified that Mr. Roles during several occasions verbally
    attacked her with profanity laden insults.
    The Plows also submitted into evidence several pictures of what
    they described as [Appellants’] attempts to block their use of the
    right-of-way with barriers and vehicles. A retired contractor,
    Jack Houston, testified that he and his son measured the
    distance between the municipal sewer lines and the Plows[‘]
    residence. The distance was within one hundred fifty (150) feet,
    meaning the Plows are required to tap into the municipal
    system.
    On March 13, 2014, the Plows filed a complaint in equity seeking
    to enjoin [Appellants] from interfering or obstructing the Plows’
    usage of the right-of-way, enjoin [Appellants] from harassing
    them in any manner, order that the Plows are permitted to
    install a new sewer line through the right-of-way, order that the
    Plows are permitted to have a temporary easement in addition to
    the current right-of-way to install the sewer line, retain
    jurisdiction to enforce the order and any appropriate relief. On
    November 5, 2014, the Plows filed a petition for special
    injunction/permanent injunction asking for a rule to show cause
    why the relief requested in regards to the sewer pipe should not
    be granted pending the outcome of the matter on the merits.
    On November 12, 2014, the [trial] court scheduled a status
    conference in this matter for November 26, 2014. On November
    26, 2014, this conference was continued to January 21, 2015 at
    the request of the Plows’ attorney. On December 23, 2014,
    [Appellants] filed a response to the Plows’ complaint and petition
    in the nature of preliminary objections.       Argument on the
    preliminary objections was scheduled for February 16, 2015 and
    a non-jury trial was set for March 4, 2015.
    On February 13, 2015, the Plows filed a response to
    [Appellants’] preliminary objections. On February 25, 2015, the
    [trial] court overruled [Appellants’] preliminary objections. On
    April 2, 2015, [Appellants] filed an answer with new matter. On
    May 8, 2015, the Plows filed an answer to [Appellants’] new
    matter. On May 1, 2015, a non-jury trial was held to conclusion
    with the parties submitting post-trial legal memoranda. On June
    8, 2015, the [trial] court rendered its verdict and granted [the
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    Plows] the right to install the sewer line through the right-of-way
    upon certain conditions. On June 12, 2015, [Appellants] filed a
    motion for post-trial relief and a request for a transcript. For
    reasons unknown to the [trial] court, this motion was never
    argued before the [trial] court or scheduled for motions court as
    per Cambria County local practice. There was no docket activity
    until July 15, 2016, when the Plows filed a petition to enforce
    court order.      Argument on this petition was scheduled for
    September 28, 2016 and at this point the [trial] court also
    became aware, for the first time, that the post-trial relief
    requested by [Appellants] had not been heard nor decided. On
    July 18, 2016 the [trial] court entered an order denying the
    post-trial relief requested by [Appellants]. On August 2, 2016,
    [Appellants] filed a notice of appeal. On August 9, 2016[,] the
    [trial] court ordered [Appellants] to file a concise statement of
    [errors] complained of on appeal.           On August 18, 2016,
    [Appellants] complied and filed their concise statement. On
    September 14, 2016, [this] Court quashed the appeal sua
    sponte because no judgment had been entered on the [trial]
    court’s verdict.    On March 16, 2017, counsel for [Appellants]
    filed a motion to withdraw as counsel and on March 27, 2017,
    the motion was granted[.] On March 24, 2017, counsel for the
    Plows filed a praecipe for final judgment and judgment was
    entered of record for the Plows. On April 24, 2017, [Appellants]
    filed a notice of appeal and on May 8, 2017 complied with the
    [trial] court’s order to file a concise statement of [errors]
    complained of on appeal. [The trial court issued an opinion
    pursuant to Pa.R.A.P. 1925(a) on May 10, 2017.]
    Trial Court Opinion, 5/10/2017, at 1-4 (superfluous capitalization, record
    citations, and footnote omitted).
    On appeal, Appellants present the following issues for our review:
    I.    Did the [trial c]ourt err in granting an injunction where the
    grant constituted       an unlawful      expansion of an
    unambiguous and express easement for a road
    right-of-way?
    II.   Did the [trial c]ourt err in granting the injunction where no
    evidence of necessity was presented?
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    III.   Does the grant of the expansion of an easement without
    compensation constitute an unlawful taking for private
    purposes and without compensation?
    Appellants’ Brief at 1.
    All of Appellants’ issues are interrelated, so we will examine them
    together.       In their first issue presented, Appellants argue that the
    easement at issue unambiguously granted the Plows a right-of-way for
    ingress and egress only. Thus, they argue that the trial court’s award of an
    injunction “effectively allows the Plows to expand[] its use for a sewer line
    [and] further infringes upon [Appellants’] property rights [which] may not be
    expanded beyond the original grant.”       
    Id. at 2-3.
    Appellants attempt to
    distinguish the three cases relied upon by the trial court in rendering its
    decision – Dowgiel v. Reid, 
    59 A.2d 115
    (Pa. 1948), Pope v. Muth, 
    481 A.2d 355
    (Pa. Super. 1984), and PARC Holdings, Inc. v. Killiam, 
    785 A.2d 106
    (Pa. Super. 2001).    
    Id. at 4-6.
      Appellants also challenge the Plows’
    position that the expansion of the easement was a necessity.         
    Id. at 6.
    More specifically, Appellants contend that there was no evidence that the
    adjoining properties were once unified in title or that the claimed necessity
    for a sewer line existed at the time of the severance of title. 
    Id. Finally, Appellants
    argue that the trial court’s action represented an expansion or
    further encumbrance upon their property constituting an unconstitutional
    taking pursuant to eminent domain. 
    Id. at 7.
    Our standard and scope of review are as follows:
    Our appellate role in cases arising from non-jury trial verdicts is
    to determine whether the findings of the trial court are
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    supported by competent evidence and whether the trial court
    committed error in any application of the law. The findings of
    fact of the trial judge must be given the same weight and effect
    on appeal as the verdict of a jury. We consider the evidence in a
    light most favorable to the verdict winner. We will reverse the
    trial court only if its findings of fact are not supported by
    competent evidence in the record or if its findings are premised
    on an error of law. However, as the issue herein centers on the
    interpretation of an easement, which like any contract concerns
    a question of law, our scope of review is plenary.
    *          *           *
    The law on the interpretation of easements is clear. A right of
    way is an easement, which may be created by an express grant.
    To ascertain the nature of the easement created by an express
    grant we determine the intention of the parties ascertained from
    the language of the instrument. Such intention is determined by
    a fair interpretation and construction of the grant and may be
    shown by the words employed construed with reference to the
    attending circumstances known to the parties at the time the
    grant was made.
    Ambiguous words are construed in favor of the grantee. Where
    a deed or agreement or reservation therein is obscure or
    ambiguous, the intention of the parties is to be ascertained in
    each instance not only from the language of the entire written
    instrument in question, but also from a consideration of the
    subject matter and of the surrounding circumstances.
    Amerikohl Mining Co., Inc. v. Peoples Natural Gas Co., 
    860 A.2d 547
    ,
    549–550 (Pa. Super. 2004) (internal citations and quotations omitted).
    Our Court was confronted with a factual scenario similar to the case
    sub judice in PARC Holdings, Inc. v. Killian, 
    785 A.2d 106
    , 112 (Pa.
    Super. 2001).   At issue there was the interpretation of an express easement
    for a right-of-way and whether its use “was specifically limited by the terms
    ‘ingress and egress’ to merely pedestrian or vehicular access” or whether it
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    could be used for the installation of utilities through the easement.    PARC
    
    Holdings, 785 A.2d at 109
    .               Citing our Supreme Court’s decision in
    
    Dowgiel,1 supra
    , we determined that Pennsylvania has adopted the rule
    that where a right of way is granted or reserved without limit of use, it may
    be used for any purpose to which the land accommodated thereby may
    naturally and reasonably be devoted. 
    Id. at 113.
    We looked at the plain
    language of the easement in PARC Holdings and concluded that the
    right-of-way was ambiguous because the language did not specify a limited
    purpose for access, such as “for the purpose of maintaining a water system”
    or “for pedestrian or vehicular travel only.”          
    Id. at 112.
      The PARC
    Holdings Court ultimately recognized that it was proper to install utilities
    that naturally and reasonably may be accommodated by an easement. 
    Id. Here, the
    easement at issue provides, in pertinent part, “Together with
    the right of ingress and egress over, through, and upon a certain 14 foot
    easement for a road right of way running over through and upon land” (as
    described more particularly). Complaint in Equity, 3/13/2014, at Exhibit A.
    Upon review, the easement does not have a limited purpose and, thus, is
    ____________________________________________
    1
    In Dowgiel, our Supreme Court concluded that the grant of a right-of-
    way for a private road included the right to construct and install electricity
    lines across the easement as “a reasonable and natural use of the private
    road for the purpose for which it was created, to wit, to enable the owners
    and occupants of the premises to which the road is appurtenant to obtain
    something which is essential to the livableness of the home, to wit,
    electricity[.]” 
    Dowgiel, 59 A.2d at 121
    .
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    ambiguous.     After conducting an in-person view of the properties and
    hearing testimony, the trial court “credit[ed] the evidence offered by [the
    Plows] as to the difficulties experienced with the on-site septic system and
    the fact that connecting into the municipal sanitary sewer system would
    make the residence ‘liveable’ [as set forth in Dowgiel].”             Trial Court
    Opinion, 5/10/2017, at 7 (footnote incorporated).       As such, the trial court
    granted the Plows relief to install sewer lines through the easement with
    appropriate notice to Appellants and upon the condition that the Plows bear
    responsibility for returning the right-of-way to its preconstruction condition.
    Upon review of the facts of this case, together with applicable law, we
    discern no abuse of discretion or error of law in the trial court’s
    determinations. With no limitations on the use of the easement for ingress
    or egress, it was proper to allow the installation of sewer lines to make the
    Plows’ property liveable. Moreover, because the express easement provided
    the Plows with the right to place a sewage line, there was no need to show
    an easement by necessity.       Finally, there was no unconstitutional taking,
    expansion, or other encumbrance on Appellants’ property, since the existing
    easement allowed for the installation of sewage lines. As such, Appellants
    are not entitled to relief and all three of their issues are without merit.
    Judgment affirmed.
    Judgment Entered.
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    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 1/22/2018
    -8-
    

Document Info

Docket Number: 631 WDA 2017

Filed Date: 1/22/2018

Precedential Status: Precedential

Modified Date: 1/22/2018