Akers v. Mortensen
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Marti Mortensen appealed the district court’s judgment regarding the scope and location of the Mortensen’s easement across Dennis and Sherrie Akers’ property. Mortensen also appealed the district court’s award of punitive damages, arguing she should not have been liable for the punitive damages assessed against her former husband, Vernon. The Supreme Court affirmed the district court's location of the prescriptive easement and the award of punitive damages against the Mortensens. The Court vacated the district court's judgment to the extent that it awarded attorney fees to the Akers because the district court failed to apportion the fee award. The case was remanded for the sole purposed of apportioning attorney fees.
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