Howard v. Trotter
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| 20120221 |
Ralph Howard and Patricia Howard, Plaintiffs and Appellees
v.
William K. Trotter and Carla K.
Trotter, Kevin Buehner and Cheryl
Buehner, and Cody Buehner, Defendants
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William K. Trotter and Carla K.
Trotter, Kevin Buehner and Cheryl
Buehner, Appellants
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| Appeal from: |
District Court,
Southwest Judicial District,
Dunn County
Judge Zane Anderson |
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Nature of Action: |
Real Property
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| Counsel: |
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| Term: |
11/2012 Argument: 11/08/2012 10:00am
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| ND cite: |
2012 ND 258
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| NW cite: |
825 N.W.2d 857
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Did the trial court err in finding the Trotter Road to be a public road?
2. Did the trial court err in finding that Howards have a prescriptive right of access across the Trotter Road?
3. Did the trial court err in awarding damages to Plaintiffs?
Appellee's Statement of the Issues:
1. Did the Trial Court err in finding the Trotter Road was laid out and used as a public road?
2. Did the Trial Court err in finding that the Howards had established prescriptive easement rights for use of the Trotter Road?
3. Did the Trial Court err in awarding compensatory damages to the Howards?
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| 1 | | 05/01/2012 | |
NOTICE OF APPEAL: 04/27/2012 |
| 2 | | 05/01/2012 | |
ORDER FOR TRANSCRIPT: 04/27/2012 |
| 3 | | 05/30/2012 | |
ELEC. RECORD ON APPEAL DATED 05/29/2012(ENTRY NOS.1-121) |
| 4 | | 06/11/2012 | |
MOT. EXT/TIME TRANSCRIPT |
| 5 | | 06/11/2012 | |
ACTION BY TRIAL COURT. Granted: 07/26/2012 |
| 6 | | 07/26/2012 | |
TRANSCRIPTS DATED MARCH 8, 2012, AND MARCH 9, 2012, & C.O.S. |
| 7 | | 07/26/2012 | |
DISK-tra (3/8/12 & 3/9/12) e-mailed |
| 8 | | 08/31/2012 | |
APPELLANT BRIEF |
| 9 | | 08/31/2012 | |
E-FILED BRIEF |
| 10 | | 08/31/2012 | |
APPELLANT APPENDIX |
| 11 | | 08/31/2012 | |
E-FILED APPENDIX |
| 12 | | 09/04/2012 | |
Rec'd $25 surcharge for ATB (Receipt #21484) |
| 13 | | 09/07/2012 | |
Rec'd 7 copies of ATB from CSD |
| 14 | | 09/07/2012 | |
Rec'd 6 copies of ATA from CSD |
| 15 | | 10/01/2012 | |
APPELLEE BRIEF |
| 16 | | 10/01/2012 | |
APPELLEE APPENDIX |
| 17 | | 10/01/2012 | |
DISK - aeb (e-mailed) |
| 18 | | 10/18/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 19 | | 11/08/2012 | |
APPEARANCES: Michael Maus/Charles Isakson |
| 20 | | 11/08/2012 | |
ARGUED: Maus/Isakson |
| 21 | | 11/08/2012 | |
ORAL ARGUMENT WEBCAST |
| 22 | | 12/18/2012 | |
DISPOSITION (AND REMANDED): AFFIRMED |
| 23 | | 12/18/2012 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 24 | | 12/18/2012 | |
COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE |
| 25 | | 12/19/2012 | |
Judgment Sent to Parties |
| 26 | | 01/25/2013 | |
MANDATE |
| 27 | | 01/31/2013 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |