Romshek v. Osantowski

The defendants appeal from a mandatory injunction entered against them by the district court, an order directing a prospective monetary penalty, and a judgment for damages in favor of the plaintiffs.

In an appeal of an action in equity, this court tries the factual issues raised by the appellant’s assignments of error de novo on the record and reaches its conclusions independent of the findings of the trial court; however, where credible evidence is in conflict on material issues of fact, this court may consider and give weight to the fact that the trial judge heard and observed the witnesses…