Kvande v. Thorson
Annotate this CaseDennis Thorson appeals from a judgment ordering him to remove a building from Keith Kvande’s property. Kvande owns real property described as Lot 3 in Block 1 of the School Addition to the City of Wheelock, Williams County, North Dakota. In 2012, Thorson purchased a building located in Epping, North Dakota. Kvande and Thorson had multiple discussions about moving the building to Kvande’s property. Thorson claimed they discussed moving the building onto Kvande’s property permanently, but Kvande claimed they only discussed moving the building onto his property for temporary storage. The parties did not have a written agreement about the property or the building. In fall 2012, Thorson had a concrete foundation poured for the building on Kvande’s property and moved the building onto the foundation. Thorson hooked the building up to sewer, water, and electrical service, and he began living in the building. Thorson did not pay Kvande rent or purchase the property. In May 2015 or 2016, Kvande demanded Thorson vacate the property, but Thorson did not leave. Kvande then attempted to evict Thorson from the property. In September 2017, Kvande sued Thorson, requesting the district court order Thorson to remove the building from the property and return the property to its prior state or award him the cost of having the building removed and the property restored. On appeal, Thorson argued laches and equitable estoppel applied and prevented Thorson’s removal from the property. The North Dakota Supreme Court concluded the district court did not err by finding laches and equitable estoppel did not apply and did not preclude the court from ordering the removal of the building from Kvande’s property.
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