Duane R. Mueller v. Carolyn Hill

EISMANN, Justice.

This is an appeal out of Bonner County from a judgment awarding damages for common law trespass and attorney fees for statu tory trespass. We affirm the judgment except for $1,000 of the damages awarded and remand for the entry of an amended judgment.

I

Factual Background.

Duane Mueller and his wife owned a 20-acre parcel of rural real property (Mueller Parcel) in Bonner County. They lived on another parcel located across the county road at the northern end of the Mueller Parcel. The Mueller Parcel is generally rectangular in shape, with the north-south dimension being over…