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SLINDEE v. FRITCH INVESTMENTS, LLC

No. A08-303.

760 N.W.2d 903 (2009)

Eric J. SLINDEE, et al., Appellants, v. FRITCH INVESTMENTS, LLC; and also all unknown persons claiming any right, title, estate, interest, or lien in the real estate described in the complaint herein, defendant and third party plaintiff, Respondent, v. Landecker & Associates, Inc., third party defendant, Respondent.

Court of Appeals of Minnesota.

February 17, 2009.

Attorney(s) appearing for the Case

Mark E. Greene, Sarah L. Krans, Bernick, Lifson, Greenstein, Greene & Liszt, P.A., Minneapolis, MN, for appellants.

Stephen F. Rufer, Pemberton, Sorlie, Rufer & Kershner, P.L.L.P., Fergus Falls, MN, and Thomas A. Gedde, Battle Lake, MN, for respondent Fritch Investments, LLC.

Eric R. Heiberg, John A. Markert, Coleman Hull & Van Vliet, Minneapolis, MN, for respondent Landecker & Associates, Inc.

Considered and decided by CONNOLLY, Presiding Judge; ROSS, Judge; and BJORKMAN, Judge.

OPINION

ROSS, Judge.

This case involves a boundary dispute between adjacent Cass County landowners, Eric and Jerilyn Slindee and Fritch Investments, LLC. This appeal requires us to decide whether the district court correctly designated a boundary by practical location through express agreement based on a mow line on the Slindee property when neither the owners nor their predecessors in interest actually discussed the location of the boundary. We must also...

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