S-20-0385 Joseph E. Srb and Marilyn E. Srb (Appellants) v. Lewis H. Evert and Trudy N. Evert

Lincoln County District Court, Hon. Michael E. Piccolo

Attorneys: Brian T. McKernan (McGrath North Mullin & Kratz, PC, LLO for Appellants); Lindsay E. Pederson (Lindsay E. Pederson, Attorney at Law, PC, LLO, for Appellees)

Civil: Contribution for the cost of fencing; Claim preclusion

Proceedings Below: On April 23, 2020, the district court affirmed the decision of the county court to award equitable contribution to the Appellees for their fence, erected on their boundary with the Appellants’ land.

Issues on Appeal: Whether the district court erred in 1) finding that it was not reversible error for the county court to exclude evidence of the parties’ previous boundary line dispute; 2) finding the Appellees’ claim neither barred by claim preclusion, the statute of limitations, nor statutory notice requirements; and 3) remanding the case to the county court to determine the amount of damages.