Beach Railport, LLC v. Michels

VandeWalle, Chief Justice.

[¶ 1] Donnell and Jeanne Michels appealed from a judgment partitioning real property between the Michels and Beach Railport, LLC. We conclude that the district court erred by applying an incorrect legal standard to review and adopt the ■ partition referee’s report and that the court erred by not holding an evidentiary hearing. We reverse and remand for further proceedings.

I

[¶ 2] In 2015,' Beach Railport commenced this action against the Michels, who are husband and wife, for the partition of real property in Golden Valley-County. Beach Railport and the Michels each…