Akers v. D.L. White Construction, Inc.

HORTON, Justice.

This appeal arises from a bench trial concerning an easement and trespass dispute. David and Michelle White, and D.L. White Construction, Inc. appeal from the district court’s judgment regarding the scope and location of the Whites’ easement across Dennis and Sherrie Akers’ property and the district court’s award of compensatory and punitive damages for trespass and emotional distress. We affirm the district court’s judgment locating the easement and awarding damages, but remand the case for apportionment of attorney fees.

I. FACTUAL AND PROCEDURAL BACKGROUND

This is the third…