Crossley v. Kellner
Joseph Crossley, Individually and as Truste of the Joseph E. Crossley Revocable Trust, Plaintiff-Appellee/Cross-Appellant
Mark William Kellner, Defendant-Appellant/Cross-Appellee
Attorney for Appellant/Cross-Appellee
James L. Lauer (argued)
Attorney for Appellee/Cross-Appellant
Neven J. Conrad (argued)
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Humboldt County, Kurt Wilke, Judge. AFFIRMED ON APPEAL AND CROSS APPEAL. Heard at oral argument by Schumacher, P.J., and Buller and Sandy, JJ. Opinion by Buller, J. (12 pages)
Two adjoining landowners, Joseph Crossley and Mark Kellner, dispute a fence line acquiescence. Kellner appeals the finding of boundary by acquiescence by the district court, and Crossley cross‑appeals the directed verdict for his trespass claim and rulings on the admissibility of certain witness testimony. OPINION HOLDS: Finding substantial evidence supports the establishment of a boundary by acquiescence, that Crossley did not establish damages for trespass, and that the district court did not abuse its discretion in its rulings on the admissibility of witness testimony, we affirm on appeal and cross‑appeal.
