210 A.3d 270
Pa. Super. Ct.2019Background
- Affordable Outdoor purchased real property at a judicial tax-sale that included a large billboard (the Billboard) and believed the billboards transferred with the land; Tri-Outdoor (Appellant) had been advertising on that Billboard and claimed ownership.
- Affordable Outdoor sued Tri-Outdoor seeking unjust enrichment and equitable relief (including declaratory relief that Affordable owned the Billboard and an injunction preventing Tri-Outdoor from entering or removing the Billboard); Tri-Outdoor answered and counterclaimed (including for a prescriptive easement and declaratory relief).
- After a non-jury trial the trial court found: no unjust enrichment; the tax sale conveyed absolute title free of claims unless a valid leasehold existed at the time; the Billboard was a fixture annexed to the land; Tri-Outdoor failed to prove a valid lease or transfer from predecessors; and Tri-Outdoor failed to prove a prescriptive easement because its owner believed he had permission (defeating hostility).
- The trial court entered an order declaring Affordable Outdoor the owner of the property and fixtures and enjoined Tri-Outdoor from entering or removing the Billboard; Tri-Outdoor filed post-trial motions (denied) and later praeciped to enter judgment and appealed.
- The Superior Court considered whether the appeal was timely given declaratory-judgment jurisprudence and amendments to Pa.R.A.P. 341, declined to quash the appeal, and affirmed the trial court on the merits—particularly upholding the denial of a prescriptive easement.
Issues
| Issue | Plaintiff's Argument (Affordable) | Defendant's Argument (Tri-Outdoor) | Held |
|---|---|---|---|
| Timeliness of appeal from order disposing of post-trial motions and praecipe/entry of judgment | Trial court’s denial of post-trial motions disposing declaratory relief was the appeal-triggering event; but under amended Rule 341 an appeal from the later praecipe entry can be timely when non-declaratory claims remain | Appellant argued its appeal was timely because it filed within 30 days of the final praecipe-entry judgment and the trial court’s order addressed both declaratory and non-declaratory claims | Appeal not quashed: under Rule 341(b)(1) and post-2015 rule changes, praecipe entry was appropriate given remaining non-declaratory claims; appeal timely |
| Prescriptive easement / ownership of Billboard | Tri-Outdoor asserted long, open, notorious, continuous adverse use (21 years) and ownership via corporate documents and predecessor agreements | Affordable argued the Billboard is a fixture conveyed by the tax sale, Tri-Outdoor failed to prove a valid lease at the time of sale or acquisition from predecessors, and Tri-Outdoor’s own testimony showed permissive use (defeating hostility and continuity) | Affirmed trial court: Tri-Outdoor failed to prove prescriptive easement (no hostile intent; permissive use and interrupted payments) and failed to establish enforceable ownership transfers; Affordable owns the Billboard as a fixture |
Key Cases Cited
- Nationwide Mut. Ins. Co. v. Wickett, 763 A.2d 813 (Pa. 2000) (Declaratory Judgment Act makes orders declaring rights final in certain contexts)
- Motorists Mut. Ins. Co. v. Pinkerton, 830 A.2d 958 (Pa. 2003) (post-trial declaratory judgments are subject to post-trial motion procedures)
- Jones v. Prudential Property & Casualty Ins. Co., 856 A.2d 838 (Pa. Super. 2004) (discussing appeal timing after declaratory-judgment orders and post-trial motions)
- Crystal Lake Camps v. Alford, 923 A.2d 482 (Pa. Super. 2007) (post-trial practice and interplay with declaratory judgments and praecipe entry)
- Peters v. Nat. Interstate Ins. Co., 108 A.3d 38 (Pa. Super. 2014) (timeliness of appeal in declaratory-judgment actions where post-trial motions were filed)
- Keefer v. Jones, 359 A.2d 735 (Pa. 1976) (continuity requirement for prescriptive easement: settled course of conduct suffices)
- Walley v. Iraca, 520 A.2d 886 (Pa. Super. 1987) (permission/signs of seeking permission undermine prescriptive easement claim)