LUTZ v. KRAUTER

Civil No. 960022.

553 N.W.2d 749 (1996)

Ralph LUTZ and Hazel M. Lutz, Plaintiffs and Appellants, v. Adam KRAUTER and Ann Krauter, Defendants and Appellees.

Supreme Court of North Dakota.

September 10, 1996.


Attorney(s) appearing for the Case

Michael Geiermann of Rolfson Schulz Lervick & Geiermann Law Offices, Bismarck, for plaintiffs and appellants.

Timothy A. Priebe of Mackoff, Kellogg, Kirby & Kloster, PC, Dickinson, for defendants and appellees.


VANDE WALLE, Chief Justice.

This is an appeal from the trial court's judgment that Ralph and Hazel M. Lutz failed to create an easement over the property of Adam and Ann Krauter. The Lutzes claim the trial court erred in its conclusion an easement did not exist either as a matter of law or by implication. Because the trial court did not err in finding a valid easement did not exist, we affirm.

In 1977, the Lutzes purchased real property described as Lots One...

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