PARC Holdings, Inc. v. Killian

785 A.2d 106

PARC HOLDINGS, INC. T/A PARC Development, L.P., A Pennsylvania Limited Partnership, Appellee, v. Paul J. KILLIAN and Bonita F. Killian, Husband and Wife, Appellants.

Superior Court of Pennsylvania.

Argued March 14, 2001.

Filed October 15, 2001.

Craig W. Jones, Pittsburgh, for appellants.

Paul R. Yagelski, Pittsburgh, for appellee.

Before: ORIE MELVIN, TODD, and KELLY, JJ.

ORIE MELVIN, J.

¶ 1 Appellants, Paul J. Killian and Bonita F. Killian, (the Killians), appeal from the final determination in this declaratory judgment action, which granted Appellee, PARC Holdings, Inc. t/a PARC Development, L.P. (PARC), the right to install utilities within the boundaries of an express easement. Specifically, the trial court ruled that the language of the easement or right of way was not limited to physical ingress and egress as alleged by the Killians but extended to the installment of utilities. For the reasons that follow, we affirm this ruling.

¶ 2 The facts and procedural history may be summarized as follows. PARC is the successor-in-interest to a tract of undeveloped land, consisting of approximately 46 acres, located in Indiana Township, Allegheny County, Pennsylvania. PARC purchased this land from Angela Glaros in 1998. Ms. Glaros acquired the property in 1990 from Crest Development Company (Crest). Prior to the sale to Ms. Glaros, in addition to this 46-acre tract Crest also owned a contiguous parcel consisting of 7.813 acres. Crest's original intention was to develop the 46 acres into residential lots. However, Crest did not consider the 7.813 acres suitable for development. In early 1985, Rudy Hofer, the President and sole shareholder of Crest, received a phone call from Mrs. Killian. Mrs. Killian indicated that she and her husband were interested in purchasing the 7.813 acres. The Killians own Lot No. 201, and their backyard is adjacent to the southeast corner of the 7.813-acre tract. However, the right of way in question does not abut lot 201; rather, it is adjacent to Lot 207, which is at the far northeast corner of the tract.¹ ¶ 3 During the negotiations for the sale, a survey was conducted that revealed the 7.813-acre tract separated the 46 acres from the paved road known as Chapel Crest Terrace. Consequently, once the 7.813-acre tract was conveyed, Crest's remaining 46 acres would become landlocked. To remedy this oversight the parties agreed to include in the deed a right-of-way over the land to be conveyed to provide access to the 46 acres. Crest's attorney first proposed the following language:

EXCEPTING AND RESERVING unto the Grantor, its successors and assigns a right of way fifty (50) feet wide, for any and all purposes connected with the use and occupation of other land now owned by the Grantor adjoining the land hereby granted, the centerline of which shall be an extension of the center line of Chapel Crest Terrace, a fifty (50) foot street aforesaid, beginning at the most northerly extremity of Chapel Crest Terrace and extending in a northwesterly direction to other land now owned by the Grantor as aforesaid.

Certified Record, Exhibit 1 attached to Answer and New Matter, at 4 (emphasis added). The Killians' attorney modified to the language to read:

EXCEPTING AND RESERVING unto the Grantor, its successors and assigns a non-exclusive fifty (50) foot wide right-of-way, with Grantee, their heirs and assigns, for ingress and egress to certain land now owned by Grantor consisting of approximately 46 acres and adjoining the land hereby granted, the centerline of which Right-of-Way shall be an extension of the centerline of Chapel Crest Terrace, a fifty (50) foot street, and shall extend from the most northerly extremity of Chapel Crest Terrace, as currently existing, along the centerline of said Chapel Crest Terrace, as extended, in a northwesterly direction approximately thirty (30) feet to the southern border of the land now owned by Grantor and to be benefitted [sic] hereby.

Certified Record, Exhibit A attached to Complaint, at 1 (emphasis added). This revision was accepted and included in the deed closing the sale.

¶ 4 PARC subsequently purchased the 46 acres from Ms. Glaros and attempted to develop the land for residential homes. In order to accomplish its development PARC wanted to extend the utilities already in existence on Chapel Crest Terrace through the approximately thirty (30) foot long easement into the 46 acres. The utility lines on Chapel Crest Terrace continued past the current residences on Chapel Crest Terrace and abut the northerly end of the easement. The Killians objected to this use of the easement alleging the terms of the reservation limit its use to vehicular and foot traffic. Consequently, PARC filed the instant action seeking a declaration of the scope of the easement. PARC asserted the right of way was reserved for the purpose of providing access for future development of what would have been a landlocked parcel. Accordingly, PARC maintains the scope of the reservation is broad enough to include the provision of utilities, which are necessary for the profitable development of its land. The Killians answered by denying PARC's claim and asserting to the contrary that PARC's use of the right of way was specifically limited by the terms "ingress and egress" to merely pedestrian or vehicular access.

¶ 5 A two-day non-jury trial was held, and following the submission of written closing arguments the trial court issued an Opinion and Order finding in favor of PARC. Specifically, the trial court found PARC "has the right to install utilities over, under or through the subject easement" and "the Killians are prohibited from stopping or interfering with [PARC's] installation of utilities through the easement." Trial Court Opinion and Order, 3/14/00, Cert. Record at 14. The Killians timely filed a Motion for Post Trial Relief, seeking either the entry of judgment in their favor or the grant of a new trial. After considering the briefs filed by the parties and the arguments of their counsel, the trial court denied the Killians' motion and entered a final Order confirming its previous disposition. This timely appeal followed. ¶ 6 The sole issue presented for our consideration is whether the trial court abused its discretion or committed an error of law in interpreting the scope of the easement to include the installation of utilities.

¶ 7 Our scope and standard of review is well established. In Fred E. Young, Inc. v. Brush Mountain, 697 A.2d 984 (Pa.Super.1997), we noted:

When reviewing the decision of the trial court in a declaratory judgment action, our scope of review is narrow. O'Brien v. Nationwide Mutual Insurance Co., 455 Pa.Super. 568, 689 A.2d 254, 257 (1997). Consequently, we are limited to determining whether the trial court's findings are supported by substantial evidence, whether an error of law was committed or whether the trial court abused its discretion, Walker v. Ehlinger, 544 Pa. 298, 300 n. 2, 676 A.2d 213, 214 n. 2 (1996).

The test is not whether we would have reached the same result on the evidence presented, but whether the trial court's conclusion can reasonably be drawn from the evidence. Where the trial court's factual determinations are adequately supported by the evidence we may not substitute our judgment for that of the trial court. Clearfield Volunteer Fire Department v. BP Oil, 412 Pa.Super. 29, 602 A.2d 877, 879 (1992), appeal denied, 531 Pa. 650, 613 A.2d 556 (1992) (citations omitted).

Id. at 987. Moreover, the

findings of the trial judge in a non-jury case must be given the same weight and effect on appeal as a verdict of a jury and will not be disturbed on appeal absent error of law or abuse of discretion. When this court reviews the findings of the trial judge, the evidence is viewed in the light most favorable to the victorious party below and all evidence and proper inferences favorable to that party must be taken as true and all unfavorable inferences rejected.

Lane Enters. v. L.B. Foster Co., 700 A.2d 465, 470 (Pa.Super.1997) (citations omitted).

¶ 8 The Killians first argue that using the right of way for utilities is prohibited because the only use expressed is ingress and egress. They maintain the phrase "ingress and egress" is unambiguous and limits use of the easement to physical access. This argument begs the question by assuming the phrase has but one specific meaning. One could just as easily present the counter argument that if the parties truly intended to preclude the use of the right of way for utilities why didn't they so specify? All of the Killians' subsequent arguments stem from this flawed premise that the terms "ingress and egress" can only mean travel over land by foot or vehicle. The Killians do not direct our attention to any Pennsylvania authority for this proposition nor have we discovered any. Rather, they cite to Allen v. Scheib, 257 Pa. 6, 101 A. 102 (1917) and Bell Atlantic Mobile Systems, Inc. v. Zoning Hearing Board, 676 A.2d 1255 (Pa. Cmwlth.1996), for the general proposition that an easement cannot be used for a purpose unrelated to its original purpose. We find no fault with this rule of law; however, once again it assumes the original purpose was specified. We find Allen and Bell by their facts are clearly distinguishable². Thus, they offer no guidance on the question of whether "ingress and egress" limit the use of this easement to mere physical access.

¶ 9 The dispute in Allen, supra, arose when plaintiff hired a contractor to install a gas pipeline on the surface of a private road that ran through his property. The defendant, one of the landowners abutting the road, objected to the construction because it would obstruct his use of the private road as a means of access to the public road. The decision turned upon the determination of whether or not the private road was included in the grant of the fee or merely an easement. If included in the grant of the fee, Plaintiff...