Rachel Carson Trails Conservancy, Inc. v. Dep't of Conservation & Natural Res. of Pa.

201 A.3d 273

RACHEL CARSON TRAILS CONSERVANCY, INC., Petitioner

v.The DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES OF the COMMONWEALTH of Pennsylvania, William Bohlander and Barbara Bohlander, Thomas A. Foreman, Curtis K. Marando and Theresea L. Marando, Peter McKay and Gretchen McKay, Susan McMurray Living Trust, David A. Miller, Jonathan C. Miller, Vaughn P. Miller and Kim Miller, Carol Riffer, and Ruth Trent and George E. Trent, Respondents

No. 77 M.D. 2018

Commonwealth Court of Pennsylvania.

Argued October 17, 2018

Decided December 31, 2018

Ryan E. Hamilton, Pittsburgh, for petitioner.

Steven T. Smith, Assistant Counsel, Harrisburg, for respondent Department of Conservation and Natural Resources.

Zachary R. Shekell, Clarion, for individual respondents.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge HONORABLE RENÉE COHN JUBELIRER, Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE ANNE E. COVEY, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge HONORABLE ELLEN CEISLER, Judge

OPINION BY JUDGE McCULLOUGH

Before this Court are the preliminary objections filed by the Department of Conservation and Natural Resources of Pennsylvania (DCNR) and collectively by William Bohlander and Barbara Bohlander; Thomas A. Foreman; Curtis K. Marando and Theresea L. Marando; Peter McKay and Gretchen McKay; Susan McMurray Living Trust; David A. Miller; Jonathan C. Miller; Vaughn P. Miller and Kim Miller; Carol Riffer; and Ruth Trent and George E. Trent (hereafter "Private Landowners") to Rachel Carson Trails Conservancy, Inc.'s (Conservancy) Amended Petition for Review in the nature of a complaint in equity for a declaratory judgment and injunctive relief filed in this Court's original jurisdiction. For the reasons that follow, we sustain the preliminary objections, in part, and transfer the matter to the Court of Common Pleas of Clarion County.

Background

The Conservancy brings an action pursuant to the Declaratory Judgments Act, 42 Pa.C.S. §§ 7531 - 7541,¹ seeking a declaration that a public prescriptive easement exists across 12 parcels of land in Clarion County owned by DCNR and the Private Landowners. According to the Amended Petition for Review (Amended Petition), the Conservancy is a Pennsylvania non-profit corporation that is "a volunteer-based organization dedicated to the development, protection, and promotion of hiking, biking, and walking trails throughout western Pennsylvania." (Amended Petition ¶ 3.) Although the Conservancy was initially founded in 1992 as the Harmony Trails Council, in 2004 it became steward of both the Rachel Carson Trail and Baker Trail and adopted its current name. Id. The Conservancy alleges that DCNR and the Private Landowners all own property in Clarion County, Farmington Township along River Lane, between the start of River Lane at its intersection with Gravel Lick Road and its terminus at the entrance to Cook Forest State Park. Id. ¶ 4.

The Conservancy avers that the Baker Trail is a 133-mile hiking and backpacking trail located north of Pittsburgh. Id. ¶ 25. In Clarion County, one portion of the Baker Trail follows the River Lane roadway for one-half mile across private and Commonwealth-owned property. Id. ¶ 26. According to the Amended Petition, the portion of the Baker Trail that follows River Lane is important to the overall trail because it provides hikers with scenic views of the Clarion River and it makes additional portions of the trail, leading into and out of Cook Forest State Park, readily and easily accessible to the public-at-large for hiking. Id.

The Conservancy asserts that the Baker Trail was first marked, or "blazed," by the Western Pennsylvania Chapter of the American Youth Hostel (AYH) in the 1950s. Id. ¶ 28. The Baker Trail has also been recognized on hiking maps and in hiking guidebooks since then. Id. ¶ 30. Since the 1950s, trail markers or blazes have been continuously maintained by volunteers along the River Lane section of the Baker Trail. Id. ¶ 31. The hiking trail following River Lane has also been used since the 1950s for its scenic views of the Clarion River and provides access to additional trails in Cook Forest State Park. Id. ¶ 33.

The Conservancy alleges that there has been continuous, uninterrupted, and historic use of the River Lane hiking trail for at least 21 years. Id. ¶ 34. According to the Petition, a 1950 issue of "Hosteling" magazine described the Baker Trail and included a hand-drawn map of the section of the Baker Trail that follows River Lane. Id. ¶ 35. Roger Mazzarella has hiked the Baker Trail, including the River Lane section, as a member of the general public, at least once a year since the 1960s. Id. ¶ 36. Further, Glenn Oster maintained the Baker Trail from the late 1950s until 1990 as Baker Trail Manager. Id. ¶ 37. During this time, Oster viewed the River Lane section of the Baker Trail as open for public use and personally hiked that section of the trail a half dozen times. Id. Jim Ritchie took over Oster's position in 1990. Id. ¶ 38. From 1990 until 2002, Ritchie led members of the public and volunteers on recreational hikes and maintenance days along the River Lane section of the trail at least once a year. Id. Additionally, from 2004 until the present, Dewaine Beard has personally hiked the River Lane section of the trail on a regular basis and organized annual outings that bring together volunteers and members of the public-at-large to hike and conduct maintenance of the River Lane portion of the trail. Id. ¶ 39. The Amended Petition also asserts that one of the Private Landowners, George Trent, has owned property along River Lane from 1988 until the present, and that during that time he has observed members of the public, including Conservancy members, using River Lane for hiking. Id. ¶ 40.

The Conservancy avers that when the Western Pennsylvania Chapter of the AYH disbanded in 2003, the Conservancy took over stewardship of the Baker Trail. Id. ¶ 42. The Conservancy "currently stewards the trail with assistance from volunteers, public agencies, municipalities, and Private Landowners, all for the benefit of the public." Id.

However, the Conservancy alleges that since 2011, several of the Private Landowners have attempted to prohibit the public's use of the River Lane section of the hiking trail. Id. ¶ 43. In particular, in 2011, trail users began reporting to the Conservancy that "they were confronted, intimidated, yelled at, or generally forced into leaving the trail along River Lane." Id.

Thereafter, in 2014, the Conservancy filed an action against the Private Landowners in the Court of Common Pleas of Clarion County seeking a declaration that a public prescriptive easement exists over the River Lane section of the Baker Trail. The Private Landowners filed preliminary objections, on the ground that the Conservancy had failed to join DCNR, which the Private Landowners argued was an indispensable party. The Court of Common Pleas of Clarion County determined DCNR was an indispensable party and sustained the preliminary objections. Because it determined that DCNR was an indispensable party, the Court of Common Pleas of Clarion County also concluded that original jurisdiction was vested with the Commonwealth Court.

The Conservancy subsequently sought clarity from DCNR regarding its position vis-à-vis the properties along River Lane. Id. ¶ 47. According to the Amended Petition, DCNR informed the Conservancy that "if a court determines that a public easement exists for trail use of River Lane, DCNR would not oppose such use on its owned and controlled land." Id. The Conservancy then filed the instant action against DCNR and the Private Landowners in this Court's original jurisdiction.

The Amended Petition avers that the public has adversely used the River Lane section of the Baker Trail since the 1950s and that the public's use has been open and notorious as evidenced by the publication of the trail in hiking guides and maps, and maintenance of blazes along the trail. Id. ¶ ¶ 51-52. The Conservancy also avers that the public's use has been continuous and uninterrupted for at least 21 years. Id. ¶ 52. Thus, the Conservancy asserts that the allegations in the Amended Petition establish the requisite elements of a public prescriptive easement for the hiking trail that runs along River Lane. Id. ¶ 53. The Conservancy requests that we declare the existence of a public easement across both DCNR and the Private Landowners' land, which would enable the public to use River Lane for continued public pedestrian trail access. Id. ¶ A. The Conservancy also requests that we grant injunctive relief against all Respondents "thereby allowing [the Conservancy] and members of the public to continue to utilize the public easement along River Lane for public pedestrian trail access." Id. ¶ B.

Discussion

DCNR has preliminarily objected to the Amended Petition on the following grounds: (1) legal insufficiency because the alleged easement is statutorily foreclosed due to passing through an unenclosed woodland; (2) legal insufficiency because prescriptive easements cannot be obtained on Commonwealth property; (3) legal insufficiency in that the Amended Petition lacks any allegation that the use of River Lane was adverse, which is necessary to establish a prescriptive easement; and (4) lack of subject matter jurisdiction because proper jurisdiction lies with the State Board of Property. The Private Landowners preliminarily object on the following grounds: (1) legal insufficiency in that "easements in gross" may not be established by prescription, but rather, only in writing; (2) legal insufficiency because the Conservancy lacks standing and, as a private organization, cannot bring a prescriptive easement claim on behalf of the "public"; and (3) the Amended Petition is insufficiently specific.²

A. The Legal Sufficiency of the Conservancy's Claim Against DCNR

We first address³ whether the Conservancy is barred from obtaining a ...