Belle Terre Ranch, Inc. v. Wilson
Annotate this CaseWilsons purchased and restored the Soda Rock Winery’s century-old building, which backs to the Belle Terre vineyard, with an “avenue” between. Its front entrance is on Highway 128; to enter the winery from the back, users must use Soda Rock Lane, then the avenue. When the Wilsons bought the property they did not know whether they had any right to use the avenue, buts used it for deliveries and heavy equipment. Belle Terre used the avenue for vineyard equipment. Dick, president of Belle Terre, testified he did not complain because he was trying to be neighborly. The avenue was always considered part of Belle Terre, never used by anyone else. When the Wilsons sought permits to complete the renovation, Belle Terre raised concerns. Conditions in the 2004 permit limited access: “Should the applicant choose … access from Soda Rock Lane, an application for modification … shall be required.” Nonetheless, the Wilsons used the avenue. In 2008, Dick complained that a cement truck was generating dust on the avenue, damaging crops. He told the Wilsons to stop trespassing. He later filed suit. The trial court permanently enjoined further trespass, awarded $1 for past trespass, and awarded attorney fees of $117,000. The court of appeal affirmed as to the boundary dispute, future trespass, and nominal damages, but reversed the award of attorney fees.
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