Fischer v. Berger
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| 20050182 |
Melvin Fischer and
Antonia Fischer, Plaintiffs and Appellants
v.
Adam P. Berger, Clara Berger,
Ronald G. Berger, and all other
persons unknown claiming any estate
or interest in, or lien or encumbrance
upon, the property described in the
Complaint, Defendants
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Ronald G. Berger, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge Gail Hagerty |
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Nature of Action: |
Real Property
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| Counsel: |
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| Term: |
11/2005 Argument: 11/15/2005 01:30pm
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| ND cite: |
2006 ND 48
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| NW cite: |
710 N.W.2d 886
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
A. Did the District Court err in determining that the Fischers were not entitled to an easement by prescription across the Berger property?
B. Did the District Court err in determining that the Fischers were not entitled to damages?
Appellee's Statement of the Issues:
1. Whether factual ruling that Fischers use of the trial across Bergers Property was not adverse was clearly erroneous?
2. Whether an easement by prescription can be acquired by the doctrine of acquiescence?
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| 1 | | 05/26/2005 | |
NOTICE OF APPEAL: 05/25/2005 |
| 2 | | 05/26/2005 | |
ORDER FOR TRANSCRIPT: 05/25/2005 |
| 3 | | 05/26/2005 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 4 | | 05/31/2005 | |
Acknowledgement of Order for Transcript |
| 5 | | 05/31/2005 | |
RETENTION OF RECORD ON APPEAL: 07/14/2005 |
| 6 | | 06/27/2005 | |
TRANSCRIPT DATED 1-21-05 |
| 7 | | 06/27/2005 | |
DISK - TRA dated 1-21-05 |
| 8 | | 06/29/2005 | |
RECORD ON APPEAL and exhibits |
| 9 | | 08/05/2005 | |
APPELLANT BRIEF |
| 10 | | 08/05/2005 | |
APPELLANT APPENDIX |
| 11 | | 08/05/2005 | |
DISK - atb |
| 12 | | 09/06/2005 | |
MOT. EXT/TIME APPELLEE BRIEF (faxed) |
| 13 | | 09/06/2005 | |
E-FILED MOTION (MAE) |
| 14 | | 09/07/2005 | |
ACTION BY CLERK. Granted: 09/08/2005 |
| 15 | | 09/07/2005 | |
APPELLEE BRIEF |
| 16 | | 09/07/2005 | |
DISK - AEB |
| 17 | | 09/30/2005 | |
REPLY BRIEF of Appellants |
| 18 | | 09/30/2005 | |
DISK - RYB |
| 19 | | 10/12/2005 | |
SITTING WITH THE COURT: Anderson, Zane |
| 20 | | 11/15/2005 | |
APPEARANCES: Lawrence R. Klemin; Thomas D. Kelsch |
| 21 | | 11/15/2005 | |
ARGUED: Klemin; Kelsch |
| 22 | | 11/15/2005 | |
ORAL ARGUMENT WEBCAST |
| 23 | | 02/28/2006 | |
DISPOSITION: AFFIRMED |
| 24 | | 02/28/2006 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 25 | | 02/28/2006 | |
Costs on appeal taxed in favor of appellee |
| 26 | | 02/28/2006 | |
Judgment Mailed to Parties |
| 27 | | 03/30/2006 | |
MANDATE |
| 28 | | 04/03/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |