County of Freeborn v. Claussen

MacLaughlin, Justice.

This is an appeal by Freeborn County from a denial of a mo tion for a new trial. The county commenced an action to restrain defendant, Delmon Claussen, from constructing a building on his land. A preliminary restraining order was issued and the case was heard on the merits. The trial court ruled against the county and dismissed the complaint with prejudice. We reverse.

In 1964, defendant purchased from his parents an 8.78-acre tract of property in Bancroft Township, Freeborn County. Since about 1958, both defendant and his father before him have continuously used the land…