450 P.3d 222
Wyo.2019Background
- Three non-contiguous parcels (approx. 640 acres, 40 acres, and two 120-acre tracts) are deeded to Warbonnet Ranch owners but lie inside the perimeter of Burnett Ranch and are not separately fenced.
- Burnett Ranch (later Little Medicine Creek Ranch) long owned the surrounding land; the Burnetts leased the ranch (including the parcels) continuously to various grazers from 2000–2016; the Crosses leased from ~2007/2008–2016 and used the land for cattle.
- Warbonnet (d’Elia family, later Wagonhound) owns the deeded title to the parcels; dispute arose when Wagonhound sought access during a 2017 sale attempt and was denied; plaintiffs filed a quiet-title/declaratory-judgment action; Burnett counterclaimed for adverse possession.
- District court denied Burnett’s summary-judgment motion, granted summary judgment to Warbonnet/d’Elia, finding use permissive (neighborly accommodation and the fence-out doctrine) and that Burnett failed to make a prima facie adverse-possession case.
- Burnett moved to alter the judgment; the district court denied relief. On appeal, the Wyoming Supreme Court reversed, holding genuine issues of material fact preclude summary judgment and remanding for trial.
Issues
| Issue | Plaintiff's Argument (Burnett / Little Medicine Creek) | Defendant's Argument (d'Elia / Wagonhound) | Held |
|---|---|---|---|
| Whether district court’s Rule 56(f) procedure required reversal | The 56(f) notice muddied the proceedings and procedural safeguards were not followed, warranting remand | Notice was adequate and did not require reversal | Court did not resolve the Rule 56(f) issue fully but noted the notice muddied the record; did not base reversal solely on Rule 56(f) but remanded because of factual disputes |
| Whether the court improperly weighed witness credibility (Shane Cross) on summary judgment | Cross’s testimony supports adverse possession and creates factual disputes; credibility must be for the factfinder | Opposing witnesses contradict Cross; court could deem his testimony self-serving | Court held district court erred by assessing credibility at summary judgment; credibility determinations must await trial |
| Whether use was permissive under a neighborly-accommodation theory | Use was hostile and adverse through long-term grazing and leases | Record shows neighborly accommodation or permission; owner acquiesced | Court found factual disputes about communications and joint activities; neighborly accommodation cannot be resolved as a matter of law on this record |
| Whether fence-out doctrine or fence/perimeter fencing makes use permissive (and whether Burnett made prima facie adverse-possession showing) | Perimeter fencing, leasing, and repeated grazing support adverse-possession elements (actual, open, notorious, exclusive, continuous, hostile for ten years) | Wyoming is a fence-out state; failure to fence the inner parcels equates to permissive use and defeats adverse possession | Court held competing reasonable inferences exist (permission vs. Burnett’s fencing-out and acts of dominion); genuine issues preclude summary judgment on both permissive-use and prima facie elements; reversed and remanded for trial |
Key Cases Cited
- Mantle v. N. Star Energy & Constr. LLC, 437 P.3d 758 (Wyo. 2019) (summary-judgment standard and burdens)
- Bogdanski v. Budzik, 408 P.3d 1156 (Wyo. 2018) (summary-judgment principles)
- White v. Wheeler, 406 P.3d 1241 (Wyo. 2017) (adverse-possession is fact-intensive; disfavor summary judgment)
- Braunstein v. Robinson Family Ltd. P’ship, 226 P.3d 826 (Wyo. 2010) (fence-out doctrine and material facts for grazing-based adverse-possession claims)
- Galiher v. Johnson, 432 P.3d 502 (Wyo. 2018) (neighborly-accommodation rule; neighbors vs. strangers)
- Gray v. Fitzhugh, 576 P.2d 88 (Wyo. 1978) (neighborly accommodation defeats adverse-possession)
- Reichert v. Daugherty, 425 P.3d 990 (Wyo. 2018) (Wyoming is a fence-out state)
- Near v. Casto, 613 P.2d 577 (Wyo. 1980) (leasing property to others supports adverse-possession elements)
- England v. Ally Ong Hing, 459 P.2d 498 (Ariz. 1969) (grazing alone insufficient for adverse possession; discussed but not controlling)