Lavitt v. Stephens
Annotate this CaseGregory and Debra Lavitt and Harry Stephens owned mountain property near one another. Stephens commenced a declaratory judgment action seeking a ruling that he held a valid easement across the Lavitts’ property. The district court determined that Stephens held a valid easement. When Stephens violated the conditions imposed on his use of the easement, the district court terminated the easement. Stephens then filed a complaint in district court requesting that the court condemn a private road allowing access to his land-locked property. Stephens proposed a route traversing the portion of the Lavitts’ property where his former easement lay. The district court concluded that Stephens had created his own lack of access, precluding him from seeking a road across the Lavitts’ property. The court declined to award sanctions against Stephens or his attorney and also denied the Lavitts’ motion requesting attorney’s fees. The Supreme Court affirmed, holding that the district court did not abuse its discretion (1) when it denied the Lavitts’ motion for costs and attorney’s fees pursuant to Wyo. R. Civ. P. 41(d), as such an award was not available in this case; and (2) in deciding not to impose sanctions against Stephens and his attorney pursuant to Wyo. R. Civ. P. 11, as Stephens’ complaint was not frivolous.
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