McCarvel v. Perhus

Summary

The North Dakota Supreme Court affirmed a district court judgment quieting title to a disputed parcel in Kevin and Angela McCarvel based on adverse possession and boundary by acquiescence. The court held that the evidence supported recognition of East River Road as the boundary, including through the parties’ conduct, silence, and tacking of predecessors’ possession. The court also affirmed the denial of costs and attorney’s fees to the Perhuses because the district court did not find frivolous claims or pleadings made without reasonable cause and in bad faith.

Holdings

1. The district court did not clearly err in finding that the McCarvels established a boundary by acquiescence along East River Road.
2. The district court properly denied costs and attorney's fees because it made no finding that the McCarvels' claims were frivolous.
3. The district court properly denied expenses, including attorney's fees, because it did not find that the pleadings were untrue and made without reasonable cause and not in good faith.

Questions Presented

1. Whether the district court clearly erred in finding that the parties established a boundary by acquiescence along East River Road.
2. Whether the Perhuses were entitled to costs and attorney's fees under N.D.C.C. §§ 28-26-01(2) and 28-26-31.
3. Whether the district court abused its discretion by refusing to award costs and attorney's fees.

Disposition

affirmed