SCHMIDT v. WITTINGER

No. 20040051.

687 N.W.2d 479 (2004)

2004 ND 189

Kevin SCHMIDT, Donald Wittinger, and Kenneth Wittinger, Plaintiffs and Appellees v. Alfred WITTINGER, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied November 2, 2004.


Attorney(s) appearing for the Case

Albert J. Hardy, Hardy, Maus & Nordsven, P.C., Dickinson, N.D., for plaintiffs and appellees.

Jennifer M. Macaulay (argued), Saint Paul, MN, and Alfred Wittinger (appeared), pro se, Minneapolis, MN, for defendant and appellant.


SANDSTROM, Justice.

[¶ 1] Alfred Wittinger appealed from a judgment ordering a partition sale of farmland and awarding compensatory damages to Donald and Kenneth Wittinger. We hold the trial court's finding that a partition in kind could not be made without great prejudice to the co-owners is not clearly erroneous, and we affirm the partition sale of the property. We also hold that the court's award of compensatory damages for loss of federal program payments...

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