Stark Cnty. Park Dist. v. Dickerhoof

122 N.E.3d 608

2018 Ohio 4319

STARK COUNTY PARK DISTRICT, Plaintiff-Appellee

v.Patricia DICKERHOOF, et al., Defendants-Appellants

No. 2017CA00231

Court of Appeals of Ohio, Fifth District, Stark County.

DATE OF JUDGMENT: October 23, 2018

SARAH K. RATHKE, Squire Patton Boggs (US) LLP, 4900 Key Tower, 127 Public Square, Cleveland, Ohio 44114, RACHAEL A. HARRIS, Squire Patton Boggs (US) LLP, 2550 M. St, NW, Washington D.C. 20037, For Plaintiff-Appellee

BRUCE L. INGRAM, THOMAS H. FUSONIE, DANIEL E. SHUEY, Vorys, Sater, Seymour and Pease, LLP, 52 East Gay Street, PO Box 1008, Columbus, Ohio 43216-1008, For Defendants-Appellants

JUDGES: Hon. John W. Wise, P.J., Hon. Patricia A. Delaney, J., Hon. Craig R. Baldwin, J.

OPINION

Baldwin, J.

{¶ 1} Appellants are Patricia Dickerhoof, individually and as trustee for the Gene L. and Patricia Dickerhoof Trust, Daniel Dickerhoof, individually and as Trustee for the Gene L. And Patricia Dickerhoof Trust, and Doug Dickerhoof, individually and as beneficiary of the Gene L. And Patricia Dickerhoof Trust. They appeal the July 31, 2017 decision of the trial court finding that appellee acquired title to the property, evidentiary rulings of the trial court, the verdict of the jury finding that appellants' adverse possession claim was not proven, and the trial court's denial of their motion to amend its orders to provide for access over the appellee's property. Appellee is the Stark County Park District.

STATEMENT OF FACTS AND THE CASE

{¶ 2} In this case we review the results of a bench trial finding that the appellee acquired record title to a strip of land that bisected appellants' property and the results of a jury trial, whose verdict rejected appellants' contention they obtained title of the same strip of property through adverse possession. The trial court ordered bifurcation of the claims because the quiet title action was a purely legal, equitable argument whereas adverse possession requires resolution of disputed facts. The bench trial preceded the jury trial as a practical necessity. If the court had determined appellee had not acquired title, the adverse possession claim would be moot.

{¶ 3} The appellants, collectively referenced by the trial court as the Dickerhoof Family, came into possession of approximately 51 acres of real property in 1970. Before they acquired title to the property, a railroad had established a line that ran through the farm, but the railway had been abandoned and was unused when the Dickerhoof Family purchased the property. Appellants contend they cleared the property of scattered railroad ties, spikes and other debris, leveled the railroad bed and used the property as part of their farm beginning in 1972. They contend they have used it continuously, exclusively, openly and notoriously for farming related purposes for at least twenty one years prior to appellee purchasing the rail line.

{¶ 4} In 1997 American Premier Underwriters, the purported record owner of the unused railroad line, approached appellee about purchasing the strip of property that ran across appellants' and several neighboring properties. Appellee was interested in acquiring the property to add to its park program and began negotiations with American Premier Underwriters.

{¶ 5} Appellee purchased the property in 1997, paying $49,700.00 for this parcel and several others to extend what appellee describes as the Iron Horse Trail, a recreational use trail. Appellee encountered delays in obtaining the proper legal description and survey due to the nature of railroad lines and how railroads typically described the property they acquired. The deed for the parcels was filed after the surveys were completed in 2001.

{¶ 6} The purchase did generate some controversy when it became known that the American Premier Underwriters, Inc., was auctioning many parcels, but that the strip that crossed the appellants' property would not be included in the auction. Gene Dickerhoof, predecessor in title to the appellants, was disappointed to discover that the parcel that divided his land was not part of the auction and that it had been purchased by appellee. Gene Dickerhoof later retained an attorney, John Morris, who contacted the appellee's Director, Robert Fonte, and contended that because the property was subject to a reversionary clause in the original deed to the railroad, his client was the owner of the property. He threatened legal action and sent a second letter demanding a response, but curiously did not mention adverse possession and did not initiate any legal action.

{¶ 7} The Park Director, Robert Fonte and Gene Dickerhoof's attorney, discussed the claims of the parties for four years, but reached no resolution.

{¶ 8} On August 28, 2015, appellee filed an action to quiet title in the property and, on November 16, 2015 filed an amended complaint including a claim to quiet title and a claim for declaratory relief. Appellants filed an answer and counterclaim, denying that the appellee had title and requesting that the court grant them an order to quiet title, declaratory relief and that acquired title to the property through adverse possession. Appellants asserted in an affirmative defense that, in the alternative, they had a prescriptive easement to conduct farm activities on the subject property and that they had an easement by necessity. Appellants also contended that the deed that created the disputed corridor, referenced as the Styers deed, contained a reversionary clause that was triggered when the railroad abandoned the line. Title to the property reverted to their possession as a result, by their interpretation of the deed. Appellants and appellee filed motions for summary judgment and both were denied. Appellants filed several motions in limine that were addressed by the trial court.

{¶ 9} The Trial Court determined that the parties were not entitled to a jury for the quiet title action, so a bench trial was scheduled to be followed immediately by a jury trial regarding the adverse possession claim.

{¶ 10} The bench trial was conducted on July 24, 2017 and the only witness to testify was Robert Fonte, appellee's Executive Director. During his tenure with appellee he participated in the acquisition of the subject property and was able to identify several exhibits that addressed ownership and location of the subject property. Appellee's exhibits included a title examination, a plat map completed by a registered surveyor and several deeds. Appellant had the opportunity to cross examine Mr. Fonte and objected to the admission of several exhibits for lack of foundation or because the documents contained hearsay statements. Appellants' objections were overruled with few exceptions.

{¶ 11} Appellants did not present any evidence or argument at the bench trial regarding their claim of quiet title or the existence, location, size or necessity of any easement. Appellants moved for dismissal, the motion was overruled and the trial court found that appellee held record title and that the Styers deed did not create a reversionary interest.

{¶ 12} The jury trial began the following day and was limited to appellants' claim of adverse possession. At the outset of the trial, the court explained to the jury that appellee "purchased this Railroad Corridor property in 1997 and it has been determined through a separate proceeding that the Park District is the titled owner of this Railroad Corridor property." (Transcript, Volume No. I, page 7, lines 15-20, July 25, 2017).

{¶ 13} Appellants' sole witness was Daniel Dickerhoof, son of Eugene Dickerhoof, the prior owner of the farm. Mr. Dickerhoof was four years old when his father acquired the property, and he lived in Columbus, Ohio for several years while he attended college, but he testified without hesitation about the use of the abandoned rail line by his family. He spoke at length about the railroad ties, spikes and other debris his family cleared from the line. The family removed cinders from the rail line and leveled the area so it could be used for planting or pasture. He testified that the family had part of the property leveled with a bulldozer in 1975 to further facilitate the use of the property and that the railroad bed was used for access to the pastures. He remembered that his family began planting in the northern section of the property in 1975 and the southern half of the property in 1978.

{¶ 14} Mr. Dickerhoof's father installed barb wire fence to exclude pedestrians from the corridor after 1972, yet in 1978, bicyclists were using the property. That fence has been altered over the years to allow for livestock to graze. Daniel Dickerhoof testified that the corridor was now bounded by a fence and that he installed no trespassing signs at both ends of the corridor as it entered his property, and the fence and the signs were still present. Because the railroad bed has been leveled on the appellants' property, he claimed that there was a noticeable difference in the elevation of the corridor on the appellants' property as compared to the abutting properties.

{¶ 15} Mr. Dickerhoof identified an aerial photograph of the property as well as a plat map to show the current state of the property at the purported location of the rail line. Mr. Dickerhoof admitted during cross examination that he was not aware of the fact that deeds conveying the property between Dickerhoof family members contained a reference to the abandoned rail line and that his family did not take any steps to remove that reference. He also acknowledged that the Dickerhoof family attorney was John Morris and that Mr. Morris had claimed title for his family, but not on the basis of adverse possession.

{¶ 16} The appellants provided no further evidence at the jury trial. Appellee moved to dismiss the complaint by directed verdict and that motion was denied.

{¶ 17} Appellee offered the testimony of Robert Fonte and retired Judge R.R. Denny Clunk. Robert Fonte, Park Director, described the appellee's...