Koontz v. Town of South Superior

CARDINE, Justice.

In this appeal we must determine whether a district court may decide a case upon briefs submitted by the parties when those briefs are not accompanied by either a motion for judgment or a stipulation of facts. We reverse the district court’s order and remand for further proceedings without reaching the merits.

On October 9, 1984, the town of South Superior filed a civil complaint against Ira and Velma Koontz in the district court. The town sought a declaratory judgment stating that it had acquired a prescriptive easement for a road through the Koontzes’ real property. After…