Johnson County Ranch Improvement #1, LLC v. GoddardAnnotate this Case
The Supreme Court reversed in part the district court's final judgment incorporating the jury's special verdict in favor of the Goddards and rendering judgment in favor of Sand Creek Ranch Preservation Association, Inc. (SCRPA) and against Goddard Ranch on two of its claims for declaratory relief that were not included in the jury's verdict, holding that SCRPA and Johnson County Ranch Improvement #1 (JCRI) waived their arguments on appeal and that the district court erred in entering final judgment on SCRPA's claims for declaratory relief.
Goddard Ranch, LLC purchased ranch lands in a subdivision where private home lots were surrounded by ranch land. The fence encroached upon easements belonging to the homeowners. JCRI and SCRPA, whose members were owners of the residential lots, sued Goddard Ranch and three individuals (collectively, the Goddards). The jury returned a special verdict for the Goddards. The final judgment incorporated the special verdict and rendered judgment in favor of SCRPA on two of its claims for declaratory relief that were not included in the jury's verdict. The Supreme Court held (1) the arguments SCRPA and JCRI on appeal were not reviewable; and (2) there was no justiciable controversy with respect to SCRPA's claims for declaratory relief concerning SCRPA's right to install signage and certain facilities within the easements.