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G & D Enterprises v. Liebelt

Docket No. 20190256
Oral Argument: Tuesday, February 18, 2020 9:30 AM

Docket Info

Title
G & D Enterprises, Plaintiff and Appellant
v.
Marrilynn A. Liebelt, Defendant and Appellee
Case Type
CIVIL APPEAL : TORTS (NEGLIGENCE, LIAB., NUIS.)
Appeal From
Case No. 2017-CV-00179
South Central Judicial District, Mercer County
Daniel James Borgen
Oral Argument 2/18/2020

Parties' Statement of Issues

  • Appellant

    1. Whether the district court erred by granting summary judgment against G&D for its claim of private nuisance when deposition testimony supported G&D’s claims of harm.
    2. Whether the district court erred by granting summary judgment against G&D for its claim of civil trespass when the district court did not address the actual allegations G&D made against Liebelt.
    3. Whether the district court erred by granting summary judgment against G&D for its request for permanent injunctive relief when it applied the preliminary injunction standard.

  • Appellee 1

    I. Whether the district court erred by granting summary judgment against G & D Enterprises for its claim of private nuisance.
    II. Whether the district court erred by granting summary judgment against G & D Enterprises for its claim of civil trespass.
    III. Whether the district court abused its discretion by denying injunctive relief.


Summary

G & D Enterprises appeals after the district court granted summary judgment dismissing its claims against Merrilynn Liebelt.

G & D and Liebelt own adjacent properties, both of which were previously owned by one owner. Before either party owned the property, a water line had been installed. In 2015, G & D discovered the water line while digging on its property. The water line crosses a portion of G & D’s property and supplies water to Liebelt’s residence. In November 2017, G & D filed a summons and complaint in the district court, asserting claims against Liebelt for private nuisance and civil trespass and seeking damages and injunctive relief. Liebelt answered, denying the allegations and stating G & D is not entitled to any damages, injunctive relief, or recovery. In March 2019, Liebelt moved the court for summary judgment. After a June 2019 hearing, the court granted Liebelt’s motion.

On appeal, G & D argues the district court erred in dismissing its private nuisance claim because deposition testimony supported its claims of harm and erred in dismissing its civil trespass claim because the court did not address the actual allegations made against Liebelt. G & D further contends the court applied the wrong standard in dismissing its request for permanent injunctive relief.


Briefs

Filing Date Description
12/02/2019 APPELLANT BRIEF View
12/23/2019 APPELLEE BRIEF View
01/06/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Mark Anthony Kaffar - 06745
APPELLEE PRIVATE PRACTICE Chris A Edison - 05362

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

Seq. # Filing Date Description Attachment
1 08/22/2019 NOTICE OF APPEAL : 08/22/2019
2 08/22/2019 ORDER FOR TRANSCRIPT : 09/04/2019
3 08/28/2019 Rec'd $125.00 filing fee (receipt #27356)
4 08/28/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 08/28/2019 Notice served on Mark A. Kaffar and Erica M. Woehl
6 09/24/2019 ELEC. RECORD ON APPEAL DATED SEPTEMBER 23, 2019 (ENTRY NOS. 1-88)
7 10/10/2019 ELEC. RECORD ON APPEAL DATED OCTOBER 9, 2019 (ENTRY NOS.1-21, 23-89)
8 10/23/2019 ELECTRONIC TRANSCRIPT DATED JUNE 7, 2019
9 10/23/2019 C.O.S. (tra 6-7-19)
10 12/02/2019 APPELLANT BRIEF View
11 12/02/2019 APPELLANT APPENDIX
12 12/02/2019 Oral Argument Request by Appellant
13 12/06/2019 Rec'd 6 copies of ATB & ATA from Central Duplicating
14 12/16/2019 Rec'd $51 for ATA (over page limit) (receipt #27470)
15 12/23/2019 Notice of Appearance and Withdrawal of Counsel
16 12/23/2019 APPELLEE BRIEF View
17 12/23/2019 Oral Argument Request by Appellee
18 01/02/2020 Rec'd non-substantive corrections to AEB
19 01/07/2020 Rec'd 6 copies of AEB form Central Duplicating
20 01/06/2020 REPLY BRIEF View
21 01/15/2020 Rec'd non-substantive corrections to RYB
22 01/22/2020 Rec'd 6 copies of RYB from Central Duplicating
23 01/23/2020 NOTICE OF ORAL ARGUMENT SENT
24 02/18/2020 APPEARANCES: Mark A. Kaffar/Chris A. Edison
25 02/18/2020 ARGUED: Mark A. Kaffar/Chris A. Edison
26 02/18/2020 ORAL ARGUMENT WEBCAST