HomeMy WebLinkAbout960681JASON THORNOCK and
TRACY THORNOCK,
v
Plaintiffs,
THE HEIRS, KNOWN AND UNKNOWN,
OF J.N. IGO, SHAUNA IGO BODILY, and
ERICK W. ESTERHOLDT as Trustee of the
Erick W. Esterholdt Revocable Trust Dated
August 6, 2009, and JEANNE M.
ESTERHOLDT as Trustee of the Jeanne M.
Esterholdt Revocable Trust dated
August 6, 2009, and all other unknown
Defendants,
Defendants.
BOOK
R PAGE.
AUG 1 2011
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DI I D. ROHERTS
pssiR —r COURT
3d. JUOICSAL OIST GT
NCOLM COMM, STATE OF WYOMING
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WY OMING
CIVIL NO. CV -2010- 266 -DC
RECEIVED 8/24/2011 at 1:03 PM
RECEIVING 960681
BOOK: 771 PAGE: 581
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
ORDER DENYING SUMMARY JUDGMENT WITH REGARD TO CLAIMS
AGAINST DEFENDANTS ESTERHOLDT
THIS MATTER came before the Court upon the Plaintiff's May 13, 2011, Motion
for Summary Judgment and Memorandum of Law, the June 1, 2011, Response to the
Plaintiff's Motion for Summary Judgment filed by Defendants Erick W. Esterholdt as
Trustee of the Erick W. Esterholdt Revocable Trust dated August 6, 2009, and Jeanne M.
Esterholdt, Trustee of the Jeanne M. Esterholdt Revocable Trust dated August 6, 2009,
(hereinafter collectively referred to as Defendants Esterholdt), and the Plaintiff's June 20,
2011, Reply to Defendant's Response. The Court entertained oral arguments on the Motion
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on July 12, 2011. The Court having reviewed the evidence submitted by the parties, and
reviewed the arguments made by the parties, decides as follows:
1. Plaintiffs brought their Motion for Summary Judgment with respect to their
claims against Defendant Esterholdt claiming that there are no genuine issues of material
fact and that they have a valid right of way across Defendants Esterholdts' property, which
right of way they claim is appurtenant to their land. Further, Plaintiffs claimed that
Defendants Esterholdt can prove no set of facts to show an abandonment of that right of
way or adverse possession by them.
2. Defendants Esterholdt responded by first stating that the property at issue is
not a right of way in the sense of an easement but rather the property was and always has
been deeded ground for which they have obtained titled by virtue of a Quitclaim Deed from
the last prior record title holder. Further, Defendants Esterholdt argue that in the event the
Court did not agree with their argument that they are the record title holders of the property,
unencumbered by any right of way appurtenant to Plaintiffs' land, nevertheless the alleged
right of way was abandoned by Plaintiffs' predecessor and /or has been adversely possessed
by Defendants Esterholdt. Defendants Esterholdt also rely upon the Doctrine of Equitable
Estoppel to defeat Plaintiffs' claims.
NOW THEREFORE, with respect to the claims of Thornock against Esterholdt, the
Court denies the Motion for Summary Judgment on the grounds and for the reasons that
there exists material issues of fact with respect to the intent of various Grantor and
Grantee's of the conveyances in the parties chain of title. The Court must first determine
the intent of the parties predecessors in title to determine if a) the conveyances were meant
an individual's intent, which is a
Consequently, Plaintiff's Motion foL: ummary Jud
DATED this /CS day
Approved as to Form:
SHARON M. ROSE, #5 -1981
Lavery Rose, P.C.
P. O. Box 890
Evanston, Wyoming 82931
Attorneys for Defendants Erick W. Esterholdt
and Jeanne M. Esterholdt
David lark
Attorney at Law
PO Box 552
Worland WY 82401
Attorney for Plaintiffs Jason Thornock
And Tracy Thornock
3
ntis *ed.
District Court Judge
000583
to be a transfer of fee title interest to the property or simply a conveyance of a right of way,
b) if the conveyance was of a right of way, was it intended to be appurtenant to other
property and if so what property, c) if the conveyance was of a right of way, has the right of
way been lost through adverse possession or abandonment. All of these issues depend upon
after of fact to be determined by the Court.
2011.
p.,
.e is Sa Berson
STATE OF WYOMING l
COUNTY OF LINCOLN j SS.
I, Kenneth D. Roberts, Clerk of the Third
Judicial District Court within and foresaid
county and in the State of foresaid, do
hereby certify the foregoing to be a full,
true, and c• mete copy.
SIGNED