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Case No. 22-2006

For summaries from opinions prior to August, 2018, view PDF versions here

Bernard A. Nelson, Vicki Toomsen, Rodney Nelson, Ricky Nelson, and Sherri Brown
v.
Bobette Cross and Gidget Cross Trask

Appellee

Bernard A. Nelson, Vicki Toomsen, Rodney Nelson, Ricky Nelson, and Sherri Brown

Appellant

Bobette Cross and Gidget Cross Trask

Attorney for the Appellee

George A. Cady III

Attorney for the Appellant

Brian L. Yung

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-2006
Date Published:
Aug 30, 2023
Summary

            Appeal from the Iowa District Court for Humboldt County, Kurt L. Wilke, Judge.  REVERSED AND REMANDED.  Considered by Chicchelly, P.J., Buller, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

                 Property owners appeal the district court order finding adjoining property owners were entitled to a boundary establishing their possession of a disputed 8.5-foot strip of land between the properties.  OPINION HOLDS: Finding the trial court misapplied the law as to acquiescence and adverse possession, and the plaintiffs failed in their proof as to declaratory judgment, we reverse and remand.

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