Clark v. Martin
Annotate this CaseAppellants James J. and Linda L. Clark appealed a district court order that approved the filing of an amended certificate of survey, approved a settled agreement, and required each party to pay one-half of the fees and costs relative to a surveyor agreed upon by the parties. Appellees Bill and Katy Martin purchased the Fishtail General Store from Clarks in May 2000. The sewer system for the Fishtail General Store failed in July 2005. Keith Brown, a licensed Professional Engineer, designed a replacement septic wastewater disposal sewer system. The Stillwater County Health Department issued a replacement sewer system permit, and the Martins installed the new sewer system north of the Fishtail General Store on "Tract 2-A." A number of unresolved issues remained between Clarks and Martins. Clarks and Martins ultimately jointly petitioned to relocate the boundary lines between Tract 2-A and property owned by Clarks. The District Court approved the boundary line relocation. This relocation reduced the size of Tract 2-A. The new sewer system failed again in 2009. Martins requested that Clarks allow Martins to use land located outside the adjusted boundary line to install the two additional laterals. Clarks refused. Martins filed a motion pursuant to M. R. Civ. P. 60(b)(6) for relief from the district court’s order of June 7, 2006 that had approved the boundary line relocation. The parties advised the District Court at the conclusion of a pre-trial conference that they had reached a settlement. The court ordered the parties to hire Tom Kelly, a licensed surveyor, to prepare a certificate of survey that would implement the Septic System Easement Agreement. Martins then filed a motion asking the court to approve a Corrected Tract 2-A Amended Certificate of Survey prepared by Kelly. Clarks argued on appeal to the Supreme Court that the District Court incorrectly determined that the Corrected Tract 2-A'a Amended COS did not change the boundaries between the Clarks’ and Martins’ tracts. Clarks further contended that the District Court improperly concluded that Martins’ proposed septic system agreement accurately reflected the agreement of the parties. Upon review, the Supreme Court concluded that there was substantial evidence in the district court record to support the court's ultimate decision in this case. Accordingly, the Court affirmed the district court's decision.
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