# 1306795, Matthew Williams et al. v. James Vanyo, Gary Zerlin et al., filed 4/17/09

Defendant/cross-complainant’s Attorney: R. Chris Kroes (Vanyo)

John L. Bailey (Zerlin)

Verdict: Defense                             Court Trial Dept. 3: Hon. Thomas P. Anderle

Plaintiffs sued for quiet title and declaratory relief as owners of a property subject to easement for ingress and egress serving Defendants. Plaintiffs owned a flag lot that included a long driveway between Defendants’ properties. The easement serving Defendants was created in 1969 and 1971 when Defendants did not have their own driveway.  Plaintiffs alleged both properties later were served by independent driveways and since abandoned the easement over Plaintiffs’ property. Plaintiffs erected fencing and a locked gate for their use only claiming they acquired the easement by adverse possession. Both Defendants cross-complained for declaratory relief, quiet title and injunction that the fencing and gates prevented access to the northern portions of their properties. Defendant Zerlin also alleged nuisance in his cross-complaint. The court found that Plaintiffs did not acquire the easement by adverse possession; that the purpose of the easement did not cease once Defendants residences were constructed with independent driveways. The court ordered the fencing to be removed or if it remains, gate codes and keys be provided to Defendants. The nuisance cross-claim was denied based on statute of limitations. Defendant Zerlin was awarded costs of $18,320.55 (taxed by the amount of $62,259.45) and Defendant Vanyo awarded costs of $5,244.34 (taxed by the amount of $975.50). Both cost awards were based on pre-trial offers to compromise.

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