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Mar 28, 2018

North Dakota Supreme Court Success

We’re proud to report an Ebeltoft . Sickler success at the North Dakota Supreme Court, led by attorneys Nate Bouray and Allison Mann! The Court’s decision can be accessed here: http://www.ndcourts.gov/court/opinions/20170260.htm

Here’s what happened: the North Dakota Supreme Court ruled in favor of one of Ebeltoft . Sickler . Lawyers’ clients in Sauter v. Miller, 2018 ND 57. Attorney Nathan Bouray obtained a favorable ruling for the Firm’s client, the Plaintiff in a quiet title action, and obtained record title of certain real property on theories of adverse possession and acquiescence. The Defendants argued at trial that a fence erected by the Plaintiff’s predecessors in interest was not adequate evidence of a boundary in order to support Plaintiff’s claim. The Bowman County District Court disagreed with the Defendants, and held that the Firm’s client obtained title to the disputed property under both the theories of adverse possession and acquiescence. Nate also secured a damages award for the Defendants’ breach of contract and trespass on the property.

On appeal, the Defendants argued that adverse possession did not occur because they had caused the Plaintiff’s boundary fence to be removed shortly before the initiation of the action. Nate and Allison successfully argued that the continuous possession requirement for adverse possession and acquiescence is not disturbed by a nonacquiescent action that brings rise to a quiet title lawsuit. The North Dakota Supreme Court affirmed the District Court’s rulings, agreeing that title must be quieted in the Firm’s client and that a damages award was appropriate against the Defendants.