G & D Enterprises v. LiebeltAnnotate this Case
G&D Enterprises (“G&D”) appealed the dismissal of its claims against against Merrilynn Liebelt. G&D and Liebelt owned adjacent properties in the City of Beulah, North Dakota. In the summer of 2015, G&D discovered a private water line while digging on its property, puncturing the line. The water line crossed a portion of G&D’s property and supplied water to Liebelt’s residence on her property. Before either G&D or Liebelt owned their respective property, both properties had been one lot. The existence of the water line was not recorded, and neither party had actual knowledge of the water line before G&D discovered it. It was undisputed that there was no express easement of record for the water line. In November 2017, G&D filed a summons and complaint at district court, asserting claims against Liebelt for private nuisance and civil trespass and seeking damages and injunctive relief. Liebelt answered, denying the allegations and asserting G&D was not entitled to any damages, injunctive relief, or recovery. In March 2019, Liebelt moved the district court for summary judgment on all claims. The North Dakota Supreme Court concluded the court erred in granting summary judgment because the court misapplied the law, and genuine issues of material fact existed on G&D’s claims for nuisance and trespass, and the court erred in dismissing G&D’s request for injunctive relief.