Ash v. State

MAUGHAN, Justice:

Plaintiffs, as fee owners, initiated a quiet title action against the state to a described parcel of land. Specifically, plaintiffs alleged the state asserted a right adverse to plaintiffs’ fee title ownership in the westerly 40 feet of their parcel and that the state’s claim was wrongly asserted. The state responded that the area in dispute had been taken in an eminent domain proceeding from plaintiffs’ grantors, the Fidlers. Upon trial to the court, the title to the property as described in the conveyance to plaintiffs was quieted in them. The state appeals. We affirm.…