White v. Wheeler

The Supreme Court reversed the judgment of the district court entering summary judgment in favor of Defendants in this complaint filed by Plaintiffs asserting a claim for adverse possession based on Plaintiffs’ fencing and grazing of livestock on a strip of Defendants’ property. The Supreme Court held (1) genuine issues of material fact existed with respect to Plaintiffs’ prima facie adverse possession claim, and therefore, the district court did not err in denying Plaintiffs’ motion for summary judgment on this claim; and (2) the district court erred in granting Defendants summary judgment on their claim that Plaintiffs’ use of the disputed property was permissive. View "White v. Wheeler" on Justia Law