Akers v. Mortensen

SUBSTITUTE OPINION. THE COURT’S PRIOR OPINION DATED JUNE 4, 2008 IS HEREBY WITHDRAWN

HORTON, Justice.

This appeal arises from a bench trial concerning an easement and trespass dispute. Vernon and Marti Mortensen, David and Michelle White, and D.L. White Construction, Inc. (hereinafter collectively referred to as “Appellants”) appeal the district court’s ruling regarding the existence, scope, and location of Appellants’ easement across Respondents Dennis and Sherrie Akers’ property and the district court’s award of compensatory and punitive damages for trespass and emotional distress. This Court…