Summary
The North Dakota Supreme Court affirmed a judgment declaring Trotter Road a public highway and awarding Ralph and Patricia Howard $20,000 in damages. The court held that the Dunn County Board of Commissioners’ actions established the road as a public highway, including deviations from the congressional section line, and that the damages award was supported by the evidence. The court remanded for amendment of the judgment to remove language suggesting the road was public by prescription.
Topics
Practice areas
Questions Presented
- Whether Trotter Road, including its northward deviations from the congressional section line, was a public highway established by the Dunn County Board of Commissioners.
- Whether the district court's $20,000 damages award was clearly erroneous or unsupported by competent evidence.
- Whether the judgment required amendment to remove language characterizing Trotter Road as a public road by prescription.
Holdings
- The district court did not clearly err in finding that Trotter Road was a public highway established by the Dunn County Board of Commissioners and that the highway included the northward deviations around the ravines.
- The district court did not clearly err in awarding the Howards $20,000 in damages.
- The judgment had to be amended to remove language stating or suggesting that Trotter Road was a public road by prescription and instead state that it was a public highway under N.D.C.C. § 24-07-02 as laid out by the Dunn County Board of Commissioners, including the northward deviations.
Key quotations
“No action by the county or township board is necessary to “establish” or “locate” a highway upon a section line, and any action purporting to locate or establish a highway upon a section line is superfluous.” (825 N.W.2d at 861)
“Uncertainty as to the amount of damages does not preclude recovery, and mathematical certainty as to the amount of recovery is not necessary.” (825 N.W.2d at 863)
Factual background
The Howards owned farmland in Dunn County immediately south of land later purchased by the Trotters. Trotter Road ran along the boundary but deviated northward onto the Trotters' land at two ravines because the section line was impassable; the Howards had used the road to access their farmland since 1984. After the road narrowed because of high water, the Trotters erected steel poles across it in 2009, preventing access with heavy farm equipment and causing the Howards to incur additional hay-purchase and pasture-rental expenses.
Procedural history
The Howards sued the Trotters and Buehners for obstructing access to their farmland, seeking injunctive relief and damages. The district court found that Trotter Road was a public highway established by the Dunn County Board of Commissioners, alternatively found a prescriptive easement, and awarded $20,000 in damages. The North Dakota Supreme Court affirmed the judgment and remanded for entry of an amended judgment removing language suggesting that the road was public by prescription.
Remand instructions
Affirm the judgment declaring Trotter Road a public highway and awarding damages, but amend the judgment to remove language indicating that Trotter Road is a public road by prescription and state that it is a public highway under N.D.C.C. § 24-07-02 as laid out by the Dunn County Board of Commissioners, including the northward deviations.