McKenzie Co. v. Reichman
Docket Info
- Title
- McKenzie County, a North Dakota
Municipality, Plaintiff and Appellee
v.
Deborah Reichman a/k/a Deborah
Stonecipher, Defendant and Appellant - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 06-C-00065
Northwest Judicial District, McKenzie County
Gerald H. Rustad
Highlight
A party claiming a road by prescription must establish by clear and convincing evidence the general, continuous, uninterrupted, and adverse use of the road by the public under a claim of right for 20 years.
The 20-year period for measuring a prescriptive use begins when a burden is placed on the land and relates back to the inception of the adverse use.
The expenditure of public funds for construction and maintenance of a road is evidence of an adverse use.
Gates across roads are indicative of permissive use, but gates for working livestock which do not deny access or interfere with public traffic do not mandate a permissive use.
The width of a prescriptive easement for a road is not limited to that portion of the road actually traveled, and it may include the shoulders and ditches that are needed and have actually been used to support and maintain the traveled portion of the road during the prescriptive period.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 01/31/2011 | NOTICE OF APPEAL : 01/28/2011 | |
2 | 01/31/2011 | ORDER FOR TRANSCRIPT : 01/28/2011 | |
3 | 02/01/2011 | ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning | |
4 | 02/01/2011 | ANNOUNCED DISQUALIFICATION : Crothers, Daniel John | |
5 | 02/04/2011 | RETENTION OF RECORD ON APPEAL : 03/19/2011 | |
6 | 03/17/2011 | TRANSCRIPTS DATED 09/29/08, 10/01/08 & 11/24/10 & C.O.S. | |
7 | 03/17/2011 | DISK - TRA (11/24/10, 3 volumes) (e-mailed) | |
8 | 03/18/2011 | RECORD ON APPEAL | |
9 | 04/21/2011 | MOT. EXT/TIME APPELLANT BRIEF (e-filed) | |
10 | 04/21/2011 | E-FILED MOTION (MAT) | |
11 | 04/25/2011 | ACTION BY CLERK (MAT) - Granted : 05/26/2011 | |
12 | 04/29/2011 | 1st Supplemental Clerk's Certificate of Appeal (entry nos. 225 & 226) | |
13 | 05/25/2011 | MOT. EXT/TIME APPELLANT BRIEF (e-filed) | |
14 | 05/25/2011 | E-FILED MOTION (MAT) | |
15 | 05/25/2011 | ACTION BY ACTING CHIEF JUSTICE SANDSTROM - Granted : 06/06/2011 | |
16 | 06/03/2011 | MOT. EXT/TIME APPELLANT BRIEF (e-filed) | |
17 | 06/03/2011 | E-FILED MOTION (MAT) | |
18 | 06/06/2011 | ACTION BY SUPREME COURT (MAT) - Granted : 06/24/2011 | |
19 | 06/23/2011 | MOT. EXT/TIME APPELLANT BRIEF (e-filed) | |
20 | 06/23/2011 | E-FILED MOTION (MAT) | |
21 | 06/24/2011 | ACTION BY CHIEF JUSTICE (MAT) - Granted : 06/30/2011 | |
22 | 06/30/2011 | APPELLANT BRIEF | View |
23 | 06/30/2011 | APPELLANT APPENDIX | |
24 | 06/30/2011 | DISK - atb (e-mailed) | |
25 | 07/27/2011 | MOT. EXT/TIME APPELLEE BRIEF (e-filed) | |
26 | 07/27/2011 | E-FILED MOTION (MAE) | |
27 | 07/27/2011 | ACTION BY CHEIF DEPUTY CLERK - Granted : 08/29/2011 | |
28 | 08/03/2011 | Affidavit of H. Malcolm Pippin in Support of Mot/Ext/Time/AEB filed on 7/27/11 (e-filed) | |
29 | 08/26/2011 | APPELLEE BRIEF (e-filed) | View |
30 | 08/26/2011 | E-FILED BRIEF (AEB) | |
31 | 08/29/2011 | Received $25 e-filing surcharge for AEB (Receipt #20637). | |
32 | 08/29/2011 | Received 7 copies of AEB from Central Duplicating. | |
33 | 09/02/2011 | NOTICE OF ORAL ARGUMENT SENT | |
34 | 09/07/2011 | MOT. EXT/TIME REPLY BRIEF (e-filed) | |
35 | 09/07/2011 | E-FILED MOTION (MRY) | |
36 | 09/07/2011 | ACTION BY CLERK (Mot/Ext/RYB) - Granted : 09/28/2011 | |
37 | 09/14/2011 | SITTING WITH THE COURT : Foughty, Donovan John | |
38 | 09/19/2011 | SITTING WITH THE COURT : Olson, Everett Nels | |
39 | 09/28/2011 | REPLY BRIEF (E-filed) | View |
40 | 09/28/2011 | E-FILED BRIEF (RYB) | |
41 | 09/30/2011 | Received $25 surcharge for RYB (Receipt #20691) | |
42 | 10/04/2011 | Received 7 copies of RYB from CSD | |
43 | 10/11/2011 | APPEARANCES: Monte L. Rogenby/H. Malcolm Pippin | |
44 | 10/11/2011 | ARGUED: Rogneby/Pippin | |
45 | 10/11/2011 | ORAL ARGUMENT WEBCAST | |
46 | 01/24/2012 | DISPOSITION (and remanded) | |
47 | 01/24/2012 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
48 | 01/24/2012 | Costs on appeal taxed in favor of Appellee | |
49 | 01/25/2012 | Judgment Sent to Parties | |
50 | 02/17/2012 | MANDATE | |
51 | 02/28/2012 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
52 | 06/17/2021 | EXPUNGED - Nonpermanent record items destroyed |