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STATE BANK & TRUST OF KENMARE v. BREKKE

No. 990064.

602 N.W.2d 681 (1999)

1999 ND 212

STATE BANK & TRUST OF KENMARE, a North Dakota corporation, Plaintiff and Appellee, v. Duane U. BREKKE, d/b/a Brekke Limited Partnership, Defendant and Appellant.

Supreme Court of North Dakota.

December 1, 1999.

Attorney(s) appearing for the Case

Richard C. Wilkes, Kenmare, N.D., for plaintiff and appellee.

Thomas A. Wentz, Jr., Pringle & Herigstad, PC, Minot, N.D., for defendant and appellant.

NEUMANN, Justice.

[¶ 1] Duane U. Brekke, d/b/a Brekke Limited Partnership ("Partnership"), appealed from a district court judgment awarding damages to State Bank & Trust of Kenmare ("the Bank"), relating to a Partnership building which encroached upon an adjacent lot owned by the Bank. The trial court concluded the Partnership, by adverse possession, owns the entire building and the land upon which it sits, and that conclusion has not been challenged by the...

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