Evenson v. Lilley

Tim Lilley leased pastureland adjacent to Mark and Janis Evanson's property. Lilley started a fire on the pastureland that spread to the Evensons' property, destroying the outbuildings on the property and around 200 trees. Lilley stipulated that he was at fault for the fire and the resulting damage. The district court held that the measure of damages was the difference in the fair market value of the property before and after the fire. The court awarded damages in the amount of $4,687 for the loss in value of the property. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the district court and court of appeals incorrectly attempted to superimpose principles of temporary and permanent damages on the facts of this case; but (2) the lower courts' conclusions were nonetheless correct, and the district court did not err in relying on a diminished-value calculation of property loss. View "Evenson v. Lilley" on Justia Law