Winnie Development, LLLP, v. Reveling

Winnie Development, LLLP appealed a district court judgment holding it had no interest in a parcel of land in the City of Horace. This litigation arose after Winnie sought access over Parcel 1 to reach an adjacent 1.6-acre piece of land ("Parcel 2"). Parcel 2 was not in the Orth-Golberg Second Addition. It sat between the Sheyenne River and several other privately owned lots in the subdivision. Parcel 2 could be accessed only via Parcel 1, crossing the Sheyenne River or crossing privately owned property in the subdivision. Winnie brought this action to quiet title in Winnie to both Parcel 1 and Parcel 2, to declare an easement by necessity in Winnie's favor over Parcel 1, or to reform the plat and declare Parcel 1 dedicated to the public subject to access rights not inconsistent with the plat's "City Dike Access." Some defendants owning land in the vicinity of Parcel 1 made no answer to Winnie's complaint. One defendant answered but did not otherwise litigate the issues. The district court ultimately entered judgment barring these defendants from further claiming any interest in Parcel 1. Stephanie and Benjamin Hendricks owned the property immediately south of Parcel 1. The Hendricks counterclaimed against Winnie, arguing they owned all or part of Parcel 1 and Winnie was trespassing on their property by using Parcel 1 to access Parcel 2. The district court rejected both of the Hendricks's counterclaims. None of the parties contested Winnie's claim to Parcel 2, and the district court quieted title in Winnie to that property. The City of Horace also answered and counterclaimed, alleging it had an interest in Parcel 1 to access City dikes. The district court subsequently granted the City's motion for summary judgment, holding the City has a right to use Parcel 1 to access the City's dikes regardless of ultimate disposition of the property. The court found the designation of Parcel 1 as "City Dike Access" divested Mary Lou Orth of any title, and thus the quitclaim deed Winnie obtained from her in 2014 conveyed no interest. The district court also found Winnie failed to meet its burden of proof establishing an easement by necessity, and found Winnie incorrectly claimed an easement over the land of a third party. Winnie argued it had a legal interest allowing access to its property adjacent to the disputed parcel. The North Dakota Supreme Court reversed and remanded to the district court for entry of judgment, providing that Winnie held fee title to the disputed parcel subject to the City's access rights. View "Winnie Development, LLLP, v. Reveling" on Justia Law