I Shut Off My Propane Line For One Hour — HOA Karen Realized Her Entire Subdivision Was On My Tank

I Shut Off My Propane Line For One Hour — HOA Karen Realized Her Entire Subdivision Was On My Tank

Chapter 13

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She took the matter under advisement.

Her written ruling arrived 11 days later by certified mail on a Tuesday afternoon, while I was in the equipment barn replacing a hydraulic fitting on the old baler. Devo called me from Patricia's office, and I set the fitting down on the workbench and listened while he read me the operative language:

"The court finds that the Ridgeline Pines Homeowners Association holds no recorded legal interest of any kind in parcel number 14-47-A or in the utility infrastructure located thereon. The respondent's claim of prescriptive easement is denied. The use at issue originated under a recorded permissive easement agreement, Instrument Number 1988-0447, and cannot as a matter of law ripen into a prescriptive easement upon the expiration of that agreement. The petitioner's request for declaratory judgment is granted. Title to parcel number 14-47-A is quieted in the name of Garrett Raymond Cutler."

Devo read me one more line: "The respondent is ordered to pay the petitioner's reasonable attorney's fees and costs, pursuant to the court's finding that the respondent's claims lacked a sufficient legal foundation."

I thanked him and told him to pass my thanks to Patricia. Then I picked up the hydraulic fitting and went back to work.

Now, here is the part I want to be precise about, because the sequence matters, and because I had not planned it and did not engineer it and am not even now entirely comfortable framing it as something I intended. What I will say is that it followed from the facts as cleanly as water follows a grade, and that I made one decision—a small, practical, entirely legal decision—that allowed the facts to speak for themselves in a way no courtroom argument ever quite could.

The ruling landed in the HOA's offices that same Tuesday. Warren called me that evening, and his voice had the particular quality of a man who has witnessed something he intends to describe for years. The board had convened an emergency meeting. Diane Coulter had apparently spent the first portion of it insisting the ruling would be appealed, that Gerald Foss had assured her the prescriptive easement argument had merit, that the association's rights to its community infrastructure could not simply be extinguished by a county court.

Several board members had asked questions she could not answer. Then one of them had asked directly, and without apparent patience, whether anyone had ever actually read the original easement agreement before the lawsuit was filed. The room had been quiet after that.

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I Shut Off My Propane Line For One Hour — HOA Karen Realized Her Entire Subdivision Was On My Tank

18 Part