Larson, et al. v. Tonneson, et al.

Docket No. 20180169
Oral Argument: Friday, December 14, 2018 10:00 AM

Docket Info

Title
Teresa L. Larson, Janet F. Schelling, and
Lynette A. Helgeson, Plaintiffs and Appellees
v.
Jon Tonneson, Mary Issendorf, in her personal
capacity and in her capacity as the personal
representative of the Estate of Vesper Shirley,
the Estate of Vesper Shirley, and all other persons
interested either as heirs, creditors, or otherwise,
in the estates of the above-mentioned persons or
entities, and all other persons unknown, claiming any
interest in or encumberance upon the property
described in the Complaint, Defendants and Appellants
Case Type
CIVIL APPEAL : REAL PROPERTY
Appeal From
Case No. 2015-CV-00145
Northeast Judicial District, Bottineau County
Anthony Swain Benson
2019 ND 230

Highlight

In an appeal from a bench trial, the district court’s findings of fact are reviewed under the clearly erroneous standard of review, and its conclusions of law are fully reviewable.
To satisfy the elements for adverse possession, the acts on which the claimant relies must be actual, visible, continuous, notorious, distinct, and hostile, and of such character to unmistakably indicate an assertion of claim of exclusive ownership by the occupant.
While adverse possession generally cannot be obtained against a public entity, title may be acquired by adverse possession when a roadway has been unopened to public use, an offer to dedicate it has been unaccepted, or it has been vacated or abandoned.
Whether an adverse possession has occurred presents a question of fact, which will not be reversed on appeal unless clearly erroneous.


Briefs

Filing Date Description
08/21/2018 APPELLANT BRIEF View
10/04/2018 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Michael S McIntee - 03326
APPELLEE PRIVATE PRACTICE James Arthur Teigland - 07895

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 05/03/2018 NOTICE OF APPEAL : 05/03/2018
2 05/03/2018 ORDER FOR TRANSCRIPT : 05/10/2018
3 05/07/2018 Rec'd $125 filing fee
4 05/08/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 05/08/2018 Notice served on Michael S. McIntee and James A. Teigland
6 05/30/2018 ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-241) (not sent 161-163)
7 06/21/2018 RECEIVED BY HAND DELIVERY DOCKET ENTRIES 161, 162, AND 163 (MAPS)
8 07/02/2018 AMENDED ELEC. RECORD ON APPEAL DATED JUNE 25, 2018 (ENTRY NOS. 1-241)
9 07/12/2018 ELECTRONIC TRANSCRIPT DATED APRIL 27, 2017
10 07/12/2018 Redaction key for transcript dated April 27, 2017 (not public)
11 07/12/2018 ELECTRONIC TRANSCRIPT DATED APRIL 28, 2017
12 07/12/2018 COS for transcripts dated April 27 and 28
13 07/13/2018 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE (docket entries 164-194)
14 08/21/2018 APPELLANT BRIEF View
15 08/21/2018 E-FILED BRIEF (PDF)
16 08/21/2018 APPELLANT APPENDIX
17 08/21/2018 E-FILED APPENDIX
18 08/23/2018 Rec'd $25 surchg & $44 fee ATA (over pge limit)(receipt #26384)
19 08/23/2018 Rec'd 6 copies of ATB and ATA from Central Duplicating
20 09/12/2018 MOT. EXT/TIME APPELLEE BRIEF
21 09/12/2018 E-FILED MOTION
22 09/12/2018 ACTION BY CLERK - Granted : 10/04/2018
23 10/04/2018 APPELLEE BRIEF View
24 10/04/2018 E-FILED BRIEF (PDF)
25 10/12/2018 Rec'd $25 e-filing surcharge for AEB (Receipt #26651)
26 10/10/2018 Rec'd 6 copies of AEB from Central Duplicating
27 11/14/2018 NOTICE OF ORAL ARGUMENT SENT
28 11/30/2018 NOTICE OF RESCHEDULED ORAL ARGUMENT SENT
29 12/14/2018 APPEARANCES: Michael S. McIntee; James A. Teigland
30 12/14/2018 ARGUED: Michael S. McIntee; James A. Teigland
31 12/14/2018 ORAL ARGUMENT WEBCAST
32 09/12/2019 DISPOSITION (AFFIRMED AND REMANDED)
33 09/12/2019 SPLIT OPINION : VandeWalle, Gerald W. View
34 09/12/2019 Concurring and dissenting : Tufte, Jerod E.
35 09/12/2019 CONCUR AND DISSENT : Jensen, Jon J.
36 09/12/2019 Costs on appeal taxed in favor of Appellees
37 09/13/2019 Judgment Sent to Parties