Gordon v. Horlamus Industries, Inc.

I disagree with the majority's decision that the lowest burden of proof applies in adverse possession cases. The issue of the proper burden of proof is well established in this state as the middle burden of proof. I believe that this burden is justified by sound policy reasons and I would not deviate from our previous decisions. Accordingly, I dissent.

The majority concludes that the burden of proof in adverse possession cases is one of first impression for *368this court. The majority reaches this conclusion by characterizing the phrase "clear and positive" evidence as descriptive of "the quality…