The Green Acres Trust v. Wells


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Docket Number: 2009-CA-00564-COA
Linked Case(s): 2009-CA-00564-COA ; 2009-CT-00564-SCT ; 2009-CT-00564-SCT

Court of Appeals: Opinion Link
Opinion Date: 07-20-2010
Opinion Author: Lee, P.J.
Holding: Affirmed.

Additional Case Information: Topic: Real property - Removal of fence - Unclean hands
Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Barnes and Ishee, JJ.
Dissenting Author : Griffis, J., dissents with separate written opinion
Dissent Joined By : Roberts, Carlton and Maxwell, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - REAL PROPERTY

Trial Court: Date of Trial Judgment: 03-04-2009
Appealed from: OKTIBBEHA COUNTY CHANCERY COURT
Judge: Kenneth M. Burns
Disposition: ORDERED GREEN ACRES TRUST TO REMOVE A FENCE, DENIED THE WELLSES’ REQUEST FOR REMOVAL OF SPEED BUMPS, AND DISMISSED COUNTERCLAIM
Case Number: 08-0030

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: The Green Acres Trust




MATTHEW DANIEL WILSON



 
  • Appellant #1 Brief

  • Appellee: Dan Wells and Ann Wells ANN WELLS (PRO SE), DAN WELLS (PRO SE)  

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    Topic: Real property - Removal of fence - Unclean hands

    Summary of the Facts: Dan and Ann Wells filed a petition against Ray Bazzill and Rick Bazzill seeking injunctive relief and damages. The Wellses alleged that the Bazzills installed speed bumps along the Wellses’ driveway easement, installed a locked gate across the driveway easement, constructed a rock wall or berm along the border separating the Wellses’ and Bazzills’ properties, and constructed a fence along the property border. The Bazzills filed an answer and a counterclaim. The counterclaim alleged slander, libel, intentional interference with business relations, and intentional infliction of emotional distress. At trial, Green Acres Trust, the legal owner of the Bazzill family property, was substituted for the Bazzills. The chancellor ordered the speed bumps, the berm, and the locked gate to remain in place, but he ordered the fence removed. The chancellor dismissed all of the Bazzills’ counterclaims. Green Acres appeals.

    Summary of Opinion Analysis: Issue 1: Fence Green Acres argues that the chancellor erred in ordering the fence removed. In determining that the Bazzills erected a spite fence, the chancellor relied upon the following: the Bazzills admitted that the fence served no useful purpose; although five families live around the property, the Bazzills only erected the fence around the Wellses’ property; the fence borders the north and west sides of the Wellses’ property; the Bazzills left a small opening in the fence allowing the Wellses a view of the septic tank; and the fence was fourteen-feet high with green slats running through it. Clearly, there was animosity between both parties, which was a direct result of the Bazzills’ decision to install the gate, speed bumps, berm, and fence without consulting the Wellses. Thus, there is a sound basis upon which the chancellor’s decision may be safely affirmed. Issue 2: Unclean hands The Bazzills argue that as the complaining party, the Wellses entered into the suit with unclean hands. The clean-hands doctrine prevents a complaining party from obtaining equitable relief in court when he is guilty of willful misconduct in the transaction at issue. In regard to whether Dan wrongfully contacted Ray’s business associates, there was insufficient evidence to support this claim. In regard to Dan’s alleged taunts and threats, the evidence is likewise insufficient to rise to the level required to prove intentional infliction of emotional distress. In regard to the burned speed bump, the Bazzills did not specifically request that the speed bump be repaired.


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