Kikkert v. Krumm

DeBRULER, Justice.

This case comes to this Court on transfer from the Court of Appeals. We granted transfer in order to consider whether the trial court's judgment in awarding attorney fees for obdurate behavior was proper.

This cause of action arose on August 30, 1971. On that day, in response to a survey, Defendant-Appellants, Merrill Kikkert and AAA Supply Corporation, installed a large number of fence posts on "Junction Avenue" about four feet south of the northern edge of the road. Defendants' fence posts restricted travel on the remaining portion of the road and disrupted Plaintiff-Cross…