State, Department of Transportation v. Borsje

RYDER, Acting Chief Judge.

The Department of Transportation (DOT) challenges the trial court’s judgment holding that it encroached and trespassed on the Borsjes’ property in this action brought by the Borsjes for an injunction and money damages. We reverse.

The Borsjes own Lots 1, 2, 3 and 4 in Block A of Breeze Hill subdivision in Clear-water. Breeze Hill was platted in 1925. The plat indicates that the government section line for the N.W. lk of the S.W. Vi of Section 14, Township 29 South, Range 15 East is established in the center of Chestnut Street (n/k/a Court Street).

In 1979, the state…