Olsen v. Milner

¶1 Appellants Neil and Seth Milner appeal from the District Court for the Nineteenth Judicial District’s grant of a mandatory injunction, abatement, and $10,000 damages to Appellee Gary Olsen (Olsen) for his claims of private nuisance and trespass.

¶2 We restate the issues as follows:

¶3 Issue one: Did the District Court err in determining that Olsen’s claims were not barred by res judicata?

¶4 Issue two: Did the District Court err in determining that Olsen’s claims were not barred by equitable estoppel or waiver?

¶5 Issue three: Did the District Court err in determining that Milner was liable to…