Trask v. Nozisko

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “the construction of a flower or vegetable garden and a protective fence . . . certainly would put the owners on notice of the use,” and “plant[ing] irises and stack[ing] wood . . . might be sufficient”
• recoverable damages for trespass claims can include diminution of market value, costs of restoration, and loss of use of the property
• the tort of “trespass” consists of a physical intrusion upon another’s property without proper permission from the person legally entitled to possession of that property
• “[W]hen an adverse occupier acknowledges or recognizes the title of the owner during the 20 occupant’s claimed prescriptive period, the occupant interrupts the prescriptive use.”
• a district court’s findings are subject to heightened scrutiny when they mirror a party’s proposed findings verbatim

Source: CourtListener parenthetical corpus (CC0).