A-23-1004 Jerry Spady (Appellee/Cross-Appellant) v. Ron Pughes (Cross-Appellee), Jennifer Pughes (Cross-Appellee), Ben Engel (Appellant/Cross-Appellee), and Andrea Engel (Appellant/Cross-Appellee)
District Court of Adams County, Judge Morgan R. Farquhar
Attorney for Appellants/Cross-Appellees: Jared J. Krejci (Smith, Johnson, Allen, Connick & Hansen)
Attorney for Appellee/Cross-Appellant: Robert M. Sullivan (Sullivan Law, PC, LLO)
Attorney for Cross-Appellees: Todd R. McWha (Waite & McWha, Law Firm)
Civil Action: Adverse Possession, Damages
Action Taken by Trial Court: The district court quieted title of 1.36 acres in Appellee/Cross-Appellant and awarded damages.
Assignments of Error on Appeal: Appellants/Cross-Appellees assign that the district court erred in (1) granting Appellee/Cross-Appellant judgement on his adverse possession claim due to failure to prove actual, continuous, exclusive, notorious, and adverse possession under a claim of ownership for ten years; (2) granting Appellee/Cross-Appellant judgment on his adverse possession claim because his possession of the 1.36 acre area constituted a public nuisance; (3) granting Appellee/Cross-Appellant judgment on his adverse possession claim because judicial estoppel and issue preclusion barred his adverse possession claim; and, (4) awarding Appellee/Cross-Appellant damages in excess of the market value of the 1.36 acre area before it was leveled.
Assignments of Error on Cross-Appeal: Appellee/Cross-Appellant assigns that the district court erred in (1) overlooking or disregarding testimony of two witnesses; (2) finding that it needed to know the exact condition of the 1.36 acre area at the time Appellant/Cross-Appellee commenced demolition; (3) failing to find that the elements of electrical damages were not in evidence; and, (4) failing to award damages for Appellee/Cross-Appellant’s loss of use and enjoyment.