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McKenzie Co. v. Reichman

Docket No. 20110037
Oral Argument: Tuesday, October 11, 2011 1:30pm

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
2012 ND 20812 N.W.2d 332
Oral Argument 10/11/2011

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.


Briefs

Filing Date Description
06/30/2011 APPELLANT BRIEF View
08/26/2011 APPELLEE BRIEF (e-filed) View
09/28/2011 REPLY BRIEF (E-filed) View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Harry Malcolm Pippin - 04682
APPELLEE PRIVATE PRACTICE Adam Daniel Wogsland - 06226
APPELLANT PRIVATE PRACTICE Monte Lane Rogneby - 05029

(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