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Pestal v. Malone

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Wednesday, April 16, 2014

A-13-0182, Mark Steven Pestal and Kimberly Ann Pestal v. John J. Malone, Sr. and Karen Malone (Appellants)

Douglas County, District Court Judge Leigh Ann Retelsdorf

Attorney for Appellant:  Eric A. Nanfito

Attorney for Appellee:  James B. McVay (Tiedeman, Lynch, Kampfe, McVay & Respeliers) for Appellees Mark and Kimberly Pestal; Patrick M. Flood (Hotz, Weaver, Flood, Breitkrutz & Grant) for Appellees Steven and Elizabeth Gleason.

Civil Action:  Adverse Possession, Prescriptive Easement, Property Rights

Action Taken by Trial Court:  The court awarded certain parcels to Appellees the Pestals in fee title, awarded prescriptive easements with respective to other parcels, and dismissed various counterclaims of Appellants Malones; the court also awarded certain parcels to Appellees Gleasons.

Assignments of Error on Appeal:  Appellant assigns error to the district court’s findings regarding adverse possession, prescriptive easement, and other property rights associated with the parcels of property and the rights of the various parties to this action.

This page was last modified on Wednesday, October 15, 2014