A-22-0241, Marcene Klein & Michael Klein & Sharon Klein, as Co-Conservators for Eugene Klein (Appellees) v. Lewis Klein (Appellant)
Cass County District Court, Judge Michael A. Smith
Attorney for Appellant: Rodney C. Dahlquist, Jr. (Dornan, Troia)
Attorney for Appellees: Julie E. Bear (Reinsch, Slattery)
Civil: Unjust Enrichment, declaratory judgment, injunction, adverse possession
Action Taken by Trial Court: The district court generally found in favor of Appellees. The court found that Appellant did not have permission to use grain bins owned by Eugene Klein after March 2018 and that, as a result, he owed a reasonable amount of rent for his continued use of the bins. The district court also found that Appellant owed Eugene Klein the proceeds of a sale of Eugene’s livestock. Appellant was ordered to remove his personal property from Eugene’s land. The court offset the amount Appellant owed to Appellees by the amount of proceeds Appellees’ had retained from the sale of Appellant’s grain.
Assignments of Error on Appeal: On appeal, Appellant asserts that the district court erred in its calculation of the amount of rent he owed for his use of the grain bins and erred in its calculation of the amount that Appellees owed to him for the sale of his grain. Appellant also argues that the court should have awarded him prejudgment interest.