Schiewe v. Farwell

McDERMOTT, J. Pro Tern.,

dissenting.

I respectfully depart from the authored opinion of Justice Linda Trout and would affirm the opinion of the Court of Appeals.

From 1970 to 1987, Schiewe and her husband, now deceased, farmed the property which is at the center of this litigation. Those initial years were pursuant to a five year written lease which was never renewed. Thereafter the Schiewes remained on the land as a permissive hold-over tenant on a year-to-year basis. For the better part of seventeen years the Schiewes made their livelihood from this land. Their initiative and productivity…