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Kubik v. Hauck

Docket No. 20220091
Oral Argument: Monday, October 3, 2022 2:45 PM

Docket Info

Title
Scott Kubik, Plaintiff and Appellant
v.
Dominic Hauck, Defendant and Appellee
Case Type
CIVIL APPEAL : REAL PROPERTY
Appeal From
Case No. 2020-CV-00079
Southwest Judicial District, Dunn County
Rhonda Rae Ehlis
Oral Argument 10/3/2022

Parties' Statement of Issues

  • Appellant

    1. Whether the District Court erred in finding that the Kubik Original Fence had not been the established boundary line for the statutorily required 20-year period.
    2. Whether the District Court erred in concluding that Scott was not entitled quieted title in the disputed property under the doctrine of acquiescence.
    3. Whether the District Court erred when it failed to find that Hauck trespassed to Scott’s real property and personal property.

  • Appellee 1

    1. Whether the District Court properly found that Kubik failed to meet his burden to prove adverse possession.
    2. Whether the District Court correctly found that Kubik failed to meet his burden to prove that he is entitled to title by acquiescence.
    3. Whether the District Court appropriately found Kubik’s action for trespass failed, and no evidence of damages was proven by Kubik.


Summary

Scott Kubik appeals from a judgment quieting title in favor of Dominic Hauck on their boundary line dispute.

Kubik and Hauck are adjacent landowners. Kubik sued Hauck to quiet title in a strip of land located on the south side of a fence line under the doctrines of adverse possession and acquiescence, and for trespassing and damaging his property. Hauck counterclaimed to quiet title in the disputed property. After a bench trial, the district court quieted title in favor of Hauck and denied Kubik’s claims of adverse possession, acquiescence, trespass, and damage to property.

On appeal, Kubik argues the district court erred in finding that the fence had not been the established boundary line for the statutorily required 20-year period, concluding he was not entitled to quieted title under the doctrine of acquiescence, and failing to find that Hauck trespassed.


Briefs

Filing Date Description
08/01/2022 APPELLANT BRIEF View
08/30/2022 APPELLEE BRIEF View
09/13/2022 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Jordan Lee Selinger - 08454
APPELLEE PRIVATE PRACTICE Sandra Kay Kuntz - 05186

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

Seq. # Filing Date Description Attachment
1 03/21/2022 NOTICE OF APPEAL : 03/21/2022
2 03/21/2022 ORDER FOR TRANSCRIPT : 03/22/2022
3 03/21/2022 Rec'd $125.00 Filing Fee
4 03/22/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 03/22/2022 Notice Served on Jordan L. Selinger and Sandra K. Kuntz
6 04/22/2022 ELEC. RECORD ON APPEAL DATED APRIL 21, 2022 (ENTRY NOS. 1-140)
7 05/19/2022 MOT. EXT/TIME TRANSCRIPT
8 05/19/2022 ACTION BY TRIAL COURT - Granted : 06/20/2022
9 06/22/2022 ELEC. SUPP. RECORD ON APPEAL DATED JUNE 21, 2022 (ENTRY NOS. 141-144 )
10 06/22/2022 All Transcripts Filed in Record
11 06/23/2022 2ND ELEC. SUPP. RECORD ON APPEAL DATED JUNE 22, 2022 (ENTRY NOS.145-147)
12 08/01/2022 APPELLANT BRIEF View
13 08/01/2022 Oral Argument Request by Appellant
14 08/03/2022 Rec'd 3 copies of ATB from CSD
15 08/30/2022 APPELLEE BRIEF View
16 08/30/2022 Oral Argument Request by Appellee
17 09/01/2022 Rec'd 3 copies of AEB back from CD
18 09/13/2022 REPLY BRIEF View
19 09/15/2022 Rec'd 3 copies of RYB back from CD
20 09/21/2022 NOTICE OF ORAL ARGUMENT SENT
21 10/03/2022 APPEARANCES: Jordan L. Selinger and Sandra K. Kuntz
22 10/03/2022 ARGUED: Jordan L. Selinger and Sandra K. Kuntz
23 10/03/2022 ORAL ARGUMENT WEBCAST