Ethen v. River Resource Outfitters, L.L.C.
Annotate this CaseAppellees John and Janet Ethen sought declaratory relief in district court to resolve a boundary dispute with neighbors River Resource Outfitters and Christine Fischer. The district court declared that the common boundary line between the parties' properties runs in a meander line along the west bank of Flint Creek and declined to award the Ethens' request for attorney fees. The neighbors appealed and the Ethens cross-appealed on the issue of attorneys fees. The Supreme Court affirmed, holding (1) the district court did not improperly rely upon extrinsic evidence to determine legal title to the disputed property; (2) the district court correctly determined that the boundary line between the parties' properties meanders along Flint Creek; (3) the Ethens filed a timely claim for declaratory relief; (4) the district court correctly determined that it could grant meaningful relief without joining other landowners along Flint Creek; (5) the district court correctly determined that the neighbors did not gain title to the disputed property through adverse possession; and (6) the district court did not abuse its discretion when it declined to award attorneys fees to the Ethens.
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