Hazelton, R. v. Hazelton, R.

J-A26022-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
RONALD HAZELTON AND KAREN : IN THE SUPERIOR COURT OF
SHESKO : PENNSYLVANIA
:
Appellants :
:
:
v. :
:
: No. 61 WDA 2016
RALPH HAZELTON, JANET WATSON, :
DENNIS HAZELTON AND MICHAEL :
BRINK :
Appeal from the Judgment Entered February 3, 2016
In the Court of Common Pleas of Clearfield County
Civil Division at No(s): 2014-1407-CD
BEFORE: BENDER, P.J.E., RANSOM, J., and MUSMANNO, J.
MEMORANDUM BY RANSOM, J.: FILED DECEMBER 9, 2016
Ronald Hazelton and Karen Shesko (Appellants) appeal from the
judgment entered on February 3, 2016, which denied their Complaint for
Declaratory Judgment and granted Appellees’ counterclaim. We affirm.
The relevant facts are as follows:
A parcel of land in Chest Township, Clearfield County,
Pennsylvania, consisting of approximately 82 acres has been
owned by members of the Hazelton family for more than one
hundred years. This parcel of land, upon which a farmhouse
sets [sic], is commonly known by the parties and referred to
herein as the Hazelton Farm.
For most of that time, land on the property was cultivated and
farmed; with the exception of the years 1997 through 2011
when 24.7 acres were enrolled in the federal Conservation
Reserve Enhancement Program (CREP). The continuing,
unanimous consent of all owners was required for the land to
remain enrolled in the CREP program. However, upon acquiring
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their interest in Hazelton Farm in 2010, [Appellants] and Donald
Hazelton (a non-party to the present action) refused to consent
to the Farm’s continued enrollment in the CREP program.
Consequently, the Hazelton Farm was dis-enrolled from the
CREP program.
Shortly after the acreage was dis-enrolled from the CREP
program, Dennis Hazelton, and other [Appellees] in the present
action, chose to have the acreage returned to its original use.
Accordingly, they arranged for a third party farmer, [Appellee]
Michael Brink, to cultivate and farm approximately 20 acres in
the northwest portion of the Hazelton Farm.
The Hazelton Farm was originally more than 100 acres.
However, due to disputes regarding the use and control of the
farm among various co-tenants a partition action was
commenced by Ralph Hazelton in April of 2010. This partition
action resulted in the original Hazelton Farm being partitioned
with Ronald Hazelton, Karen Shesko, the [Appellants] in the
present case, as well as Donald Hazelton, a non-party to the
present action, receiving an in[-]kind portion of the original
Hazelton Farm. The portion amounted to just over 23 acres.
The remaining balance of the Hazelton Farm, consisting of a
farm house and just over 82 acres, which is the property subject
to the present [appeal], was conveyed by the Master in Partition
by a deed dated July 26, 2013 to the following individuals as
tenants in common in the following approximate fractional
shares:
a. Dennis R. Hazelton, [Appellee] in the present action
(40%)
b. Ralph N. Hazelton, [Appellee] in the present action
(20%)
c. Mildred E. Park, Non-party to the present action (20%)
d. Beverly J. Hazelton, Non-party to the present action
(5%)
e. Daniel R. Hazelton, Non-party to the present action
(5%)
f. Janet R. Watson, [Appellee] in the present action (5%)
g. Paul N. Hazelton, Non-party to the present action (5%)
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Almost immediately following the conveyance by the Master in
Partition in which the [Appellants] in the present case were
awarded an in[-]kind portion of approximately 23 acres of the
original 100 [plus] acre Hazelton farm, the [Appellants] in the
present case, together with Donald Hazelton, who is a non-party
to the present action, purchased an interest in the remaining 82
acres of the Hazelton Farm from Mildred E. Park through a quit-
claim deed.
Following the partition action, the 82 acre portion of the
Hazelton Farm was left without access to a public road.
[Appellee] Dennis Hazelton constructed a dirt access road from
the farmhouse to Ponish Road, a township road, to allow access
to the Hazelton Farm via public roadway. Dennis Hazelton also
constructed various other private roads and reopened existing
roads that had become unpassable on the Hazelton Farm. One
of these roads led to [Appellants’] 23 acre property that was
partitioned off from the original Hazelton Farm. [Appellants] had
a mound of dirt and stone bulldozed across this road, on the
jointly owned property, to obstruct entry to their separately
owned property.
In September of 2014, at the time the [Appellants] filed their
complaint in the case at bar, the Hazelton Farm was owned by
the following individuals as tenants in common in the following
approximate fractional shares:
a. Dennis Hazelton, [Appellee] (40%)
b. Ralph Hazelton, [Appellee] (20%)
c. Ronald Hazelton [Appellant] (6.67%)
d. Karen Shesko [Appellant] (6.67%)
e. Donald Hazelton, Non-party (6.66%)
f. Janet Watson, [Appellee] (5%)
g. Beverly J. Hazelton, Non-party (5%)
h. Daniel R. Hazelton, Non-party (5%)
1
i. Paul N. Hazelton, Non-party (5%)
By oral agreement[s] in 2012 and 2013 and memorialized in
writing in 2014 and 2015, [Appellee], Michael Brink (Brink), who
is a local farmer living in Irvona, Pennsylvania, was given
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permission by the Hazelton [Appellees] to farm approximately 20
acres in the northwest portion of Hazelton Farm. This
agreement, herein after referred to as the Land Use Agreement,
did not involve any portion of the [Appellants’] 23 acre parcel of
land that was once part of the original Hazelton Farm. Indeed,
Mr. Brink has never engaged in any farming activity of any kind
on the [Appellants’] 23 acre parcel. Rather, the Land Use
Agreement gave Mr. Brink the right to farm approximately 20
acres of the northwest portion of the 82 acre Hazelton Farm. In
the spring of 2012, Brink began farming activities on portions of
the Hazelton Farm pursuant to the oral land use agreement that
he entered into with the Hazelton [Appellees] as well as non-
party owners Daniel Hazelton and Paul Hazelton.
Witnesses for [Appellees], included Mr. Brink and Mike Kunsman,
who testified as a farming expert, credibly testified at trial as to
the many improvements Mr. Brink’s farming activities were
having on the cultivated acreage and the Hazelton Farm as a
whole. Rather than being overgrown and untended, or left
fallow, Mr. Brink’s farming activity afforded a benefit to the soil
by contributing to the soil’s nutrient balance and reducing weed
and pest infestations, as well as leaving a certain amount of his
corn crop in place to hold deer and game in the vicinity off the
Hazelton Farm. Mr. Brink’s use of the plan complied with the
“Conservation Plan” prepared for the acreage by the United
States Department of Agriculture Natural Resource Conservation
Service.
1
Subsequent to the filing of the [Appellant’s] complaint, Dennis
Hazelton ([Appellee]) has acquired the interest of Ralph Hazelton
([Appellee]) leaving Dennis Hazelton with a 60% interest in the
Hazelton Farm. Similarly, Janet R. Watson ([Appellee])
purchased Beverly J. Hazelton’s (non-party) interest resulting in
Janet R. Watson owning a 10% interest in the Hazelton Farm
which Janet R. Watson concurrently conveyed to herself and her
husband Jay A. Watson (non-party).
Trial Court Opinion, 12/16/15 at 1-7 (citations and footnotes omitted).
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In September 18, 2014, Appellant’s sought a declaratory judgment
that the Land Use Agreement for the year 2014 is null and void. Appellees
filed a counterclaim asking the court to direct Appellants to remove the dirt
and stone obstructing one of the private roads on the 82 acre portion of the
Hazelton Farm and remediate the area to its original condition. Appellant
filed an Amended Complaint for Declaratory Judgment on November 3,
2014. Appellee responded in a timely fashion to Appellants’ declaratory
judgment action. On December 16, 2015, following a hearing, the trial court
entered an order and opinion denying Appellants’ petition for Declaratory
Judgment and granting Appellees’ counter claim, ordering Appellants to
remove, at their sole expense, any and all blockages that Appellants
constructed or caused to be constructed on roads located on the commonly
owned property. On December 28, 2015, Appellant filed a motion for
reconsideration of the court’s December 16, 2015, order, which was denied
by the trial court.
On January 8, 2016, Appellants filed the instant appeal. On January
18, 2016, the trial court directed Appellants to file a Pa.R.A.P. 1925(b)
statement. On February 3, 2016, Appellees filed a Praecipe to enter
Judgment on Court’s December 16, 2015 opinion and order. Appellants filed
their timely 1925(b) statement on February 5, 2016, and the trial court
issued a no further opinion letter.
Appellants raise seven issues on appeal:
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1. Whether the lower court committed a clear error in ruling that
Plaintiff-Appellants failed to establish the existence of a case or
controversy with respect to the 2012 through 2015 oral and
written land use agreements entered into by and between
Defendant-Appellees, Ralph Hazelton, Janet Watson, and Dennis
Hazelton (hereinafter referred to as the “Hazelton Appellees”)
and Defendant-Appellee, Michael Brink (hereinafter referred to
as “Appellee Brink”) regarding the use and control of the parties’
jointly owned property by Appellee Brink.
2. Whether the lower court committed clear error in ruling that no
case or controversy exists with regard to the Hazelton Appellees
unilaterally entering into future land use agreements with third
party, non-owners of the parties’ jointly owned property,
including Appellee Brink.
3. Whether the lower court committed clear error in ruling that,
pursuant to Pennsylvania law, and under the circumstances
presented in the instant matter, the Hazelton Appellees are/were
permitted to bind their cotenants to contracts concerning the use
and control of the commonly held property.
4. Whether the lower court committed clear error in ruling that
Plaintiff–Appellants failed to establish that they communicated
their opposition to the Land Use Agreements to the Hazelton
Appellees.
5. Whether the lower court committed clear error in ruling that
Plaintiff-Appellants acquiesced in or agreed to the farming
activities that took place (and continue to take place) on the
parties’ jointly owned property.
6. Whether the lower court committed clear error in ruling that a
dirt and stone pile unlawfully obstructs a private access road
and/or the Hazelton Appellees’ full access to the parties’ jointly
owned property.
7. Whether the lower court committed clear error in ordering and
directing Plaintiff-Appellants to remove the dirt and stone pile, at
their own expense, from the parties’ jointly owned property.
Appellants’ Brief at 4-5.
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This action arose when Appellants filed a declaratory judgment against
Appellees, asserting that Appellees interfered with their right to the 82 acre
property, of which Appellants collectively own an approximately 13.34%
share as tenants in common. The trial court held that there was no case or
controversy, and judgment was entered in favor of Appellee. Appellants’
first five issues on appeal center on whether the trial court erred in denying
Appellants’ petition for Declaratory Judgment.
The Declaratory Judgment Act enables courts “to declare rights,
status, and other legal relations whether or not further relief is or could be
claimed. 42 Pa.C.S.A. § 7532. Our review of appeals from declaratory
judgements is narrow. See Universal Health Servs., Inc. v. Pa. Prop.
and Cas. Ins. Guar. Ass’n, 884 A.2d 889, 892 (Pa. Super. 2005). In
reviewing a declaratory judgment action, we are limited to determining
whether the trial court clearly abused its discretion or committed an error of
law. Bianchi v. Bianchi, 859 A.2d 511, 515 (Pa. Super. 2004). However,
we exercise plenary review over the trial court’s legal conclusions.
Universal Health Servs., 884 A.2d at 892.
To bring a declaratory judgment action, there must exist an
actual controversy, as declaratory judgment is not appropriate to
determine rights in anticipation of events which may never
occur, it is an appropriate remedy only where a case presents
antagonistic claims indicating imminent and inevitable litigation.
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Selective Way Ins. Co. v. Hosp. Grp. Servs., Inc. 119 A.3d 1035, 1046
(Pa. Super. 2015) (quoting Bromwell v. Mich. Mut. Ins. Co., 716 A.2d
667, 670 (Pa. Super. 1998)).
We have held that declaratory judgment will not be rendered to
decide future rights in anticipation of an event which may never
happen and that a petition for declaratory judgment is properly
dismissed where the proceeding may prove to be merely
academic.
McCandless Twp. V. Wylie, 100 A.2d 560, 592 (Pa. 1953).
Instantly, the trial court correctly determined that Appellant failed to
establish an actual case or controversy. An actual case or controversy must
exist at all stages of the judicial process, or a case will be dismissed as
moot. Orfield v. Weindel, 52 A.3d 275, 277 (Pa. Super. 2012). Here,
Appellants’ claim centers on the oral and written Land Use Agreements from
2012 through 2015. As noted by the trial court, at the time of trial, farming
season had concluded, and the issue was moot. See Trial Court Opinion at
9.
This Court will only decide questions that have been rendered moot
when one or more of the following exceptions apply: 1) the case involves a
question of great importance, 2) the question presented is capable of
repetition and apt to elude appellate review, or 3) a party to the controversy
will suffer some detriment due to the decision of the trial court. First Union
Nat’l. Bank v. F. A. Realty Inv’r Corp., 812 A.2d 719, 724 (Pa. Super.
2000).
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In reviewing of the record, there is no indication that Appellees’
entered into a Land Use Agreement with Appellee Brinks or any other
individuals for future farming seasons. The Court cannot declare rights of
the parties with respect to Land Use Agreements that do not exist. The
instant case does not present a question of great importance, nor is it apt to
elude appellate review. If Appellees’ enter into a future Land Use
Agreement, Appellants may seek emergency injunctive relief. See, e.g.,
Roth v. Columbia Distrib. Co. of Allentown, 89 A.2d 825, 829 (1952)
(granting preliminary injunction until such time as a final hearing occurs).
As there is currently no Land Use Agreement, Appellants will not suffer a
detriment due to the decision of the trial court. Thus, the trial court properly
denied declaratory relief. Orfield , 52 A.3d at 277; First Union Nat’l.
Bank, 812 A.2d at 724.
Appellants also sought an order prohibiting Appellees from entering
into future land use agreements. We agree with the trial court; such an
order is inappropriate. Essentially, Appellants want a permanent injunction
prohibiting farming on the property without Appellants’ permission. 1
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1
Here, Appellants seek permanent injunctive relief. Separate standards
govern a request for a preliminary injunction and a request for permanent
injunctive relief. The purpose of a preliminary injunction is to maintain the
status quo until the parties’ rights can be considered and determined after a
full hearing for a permanent injunction. Buck Hill Falls Co v. Clifford
Press, 791 A.2d 392, 396 (Pa. Super. 2002).
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An injunction is a court order that can prohibit or command
virtually any type of action. It is an extraordinary remedy that
should be issued with caution and “only where the rights and
equity of the plaintiff are clear and free from doubt, and where
the harm to be remedied is great and irreparable.” The required
elements of injunctive relief are: a clear right to relief; an urgent
necessity to avoid an injury that cannot be compensated in
damages; and a finding that greater injury will result from
refusing rather than granting, the relief requested. Even where
the essential prerequisites of an injunction are satisfied, the
court must narrowly tailor its remedy to abate the injury.
Big Bass Lake Cmty. Ass’n v. Warren, 950 A.2d 1137, 1144 (Pa.
Commw. Ct. 2008) (citations omitted). In reviewing the grant or denial of a
permanent injunction, an appellate court’s review is limited to determining
whether the trial court committed an error of law. Buffalo Tp. V. Jones,
813 A.2d 659, 663 (Pa. 2002) (citing Boyle v. Pa. Interscholastic
Athletic Ass’n Inc., 676 A.2d 695, 699 (Pa. Commw. 1996)).
Here, Appellants failed to establish a clear right to relief. While
Appellants are tenants in common and have a right to possession and
enjoyment of the entire jointly owned property, we agree with the trial court
that “it is highly inequitable that minority owners of a farm veto the majority
owner’s productive use of the land in order for the land to become fallow and
uncultivated”. Trial Court Opinion, 12/16/16 at 12. In similar situations,
other jurisdictions have held that “[a] nonleasing tenant in common who
does not personally wish to cultivate the property may not prevent a
cotenant’s lessee from doing so.” 86 C.J.S. Tenancy in Common § 141
(citing Stinson v. Marston, 169 S. 436 (La. 1936)). Furthermore, at the
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time Appellants bought back into the property, it was already being
cultivated and farmed by Appellee Brink.
Appellants also failed to meet the second requirement for injunctive
relief. They have failed to demonstrate an urgent necessity or injury that
cannot be compensated in damages. Finally, as there are no future Land
Use Agreements, Appellants failed to establish that greater injury will result
from refusing rather than granting relief.
Appellants’ remaining two claims assert that the trial court erred in
ordering Appellants to remove a dirt and stone pile obstructing a road on the
Hazelton property at Appellants’ expense. The estimated size of the pile is
six to seven feet in height, ten to twelve feet in width, and approximately
one hundred feet in length. Notes of Testimony (N.T.), 9/14/15 at 192. As
previously, stated tenants in common have a right to the possession and
enjoyment of the entire jointly owned property. While the farming of twenty
acres of land provides a benefit to the property, blocking the road does not.
The dirt and stone barrier made the land unusable to the Appellees. Based
on the evidence in the record Appellants have reduced the use the common
acreage. Given that Appellants’ caused the blockage, the burden is on them
to remove the dirt and stone pile from the commonly owned land. Based on
the foregoing, we discern no abuse of discretion or error of law.
Judgment affirmed.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/9/2016
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