The Staley Family Partnership, Ltd. v. David Lee Stiles, Delzie Stiles, Ginger Westbrook, Robert Stiles, and David Stiles

Summary

The Fifth District Court of Appeals at Dallas affirmed a trial court judgment declaring that The Staley Family Partnership, Ltd. did not have an easement by necessity across the appellees’ property to access County Road 134. The court held that Staley failed to establish that a public road existed and that the claimed necessity arose when the dominant and servient estates were severed in 1866, and it upheld the award of attorney’s fees to the appellees.

Holdings

1. Staley failed to establish an easement by necessity because it did not prove that the necessity for access to a public road existed when the alleged dominant and servient estates were severed.
2. The trial court did not abuse its discretion by awarding appellees attorney's fees because appellees prevailed on their declaratory-judgment counterclaim and Staley did not challenge the fees as unreasonable or unnecessary.

Questions Presented

1. Whether Staley established an easement by necessity across appellees' property to access County Road 134.
2. Whether the trial court erred in awarding appellees attorney's fees and denying Staley attorney's fees under the Uniform Declaratory Judgments Act.

Disposition

affirmed