Nichols v. City of Evansdale

CADY, Justice.

This appeal requires us to consider the rights and remedies of parties to an exchange of parcels of land when both parties were unaware of sewer lines beneath the surface of one of the parcels. The district court rejected the plaintiffs’ claims for trespass, rent, and declaratory relief and granted the defendant an easement. On our de novo review, we affirm the decree of the district court in part, reverse in part, and remand for a hearing on damages for trespass.

I. Background Facts and Proceedings

The origins of this dispute extend back to April 1997, when Ron and Jurly Nichols…