Obermiller v. Baasch
Annotate this CaseThis appeal, filed by brothers Gary and Dennis Baasch (Appellants), concerned disputed land located in Howard County. After a bench trial, the district court for Howard County denied Gary Baasch's counterclaim for quiet title. The court found that husband and wife Paul and Betty Lou Obermiller (Appellees) owned all the land they claimed to own, that the fence constructed by Appellants was on Appellees' land, and that Gary Baasch did not own any of the disputed land. The court also found that Appellants had trespassed, ordered them to remove the fence, and enjoined them from blocking access to the land owned by Appellees. The Supreme Court affirmed, holding that the district court correctly concluded (1) Appellees were the rightful owners of the disputed land; (2) because Appellees owned the land, Appellants' intentional installation of a fence on the land constituted a continuous trespass; and (3) Appellees were entitled to an injunction.
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