Kudar v. Morgan
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The Supreme Court affirmed the decision of the district court granting summary judgment to Plaintiff on his claim of adverse possession of one-tenth of an acre of Defendants' property, holding that the district court did not err or abuse its discretion.
On appeal, Defendants argued that Plaintiff could not show adverse possession because there was a factual question as to whether Plaintiff's use of the property was permissive under the theory of neighborly accommodation. The Supreme Court disagreed and affirmed, holding (1) Plaintiff established a prima facie claim of adverse possession which Defendants failed to rebut; and (2) there was no genuine issue of material fact, and the district court did not err in granting summary judgment to Plaintiff.
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