Hollen v. Fitzwater

Plaintiff appeals a judgment imposinga constructive trust on land to which she holds legal title. On de novo review, we conclude that defendants did not prove the elements of a constructive trust and reverse.

Plaintiff was married to Valberg, who was the majority shareholder and president of Valberg Building Materials (VBM). Plaintiff was VBM’s corporate secretary. VBM owned various properties and businesses. Sometime in 1968, after a series of transactions between Valberg and other members of his family, legal title to tax lots 5800 and 6200 (the lots) was recorded in the names of plaintiff…