State Bank & Trust of Kenmare v. Brekke

NEUMANN, Justice.

[¶ 1] Duane U. Brekke, d/b/a Brekke Limited Partnership (“Partnership”), appealed from a district court judgment awarding damages to State Bank & Trust of Kenmare (“the Bank”), relating to a Partnership building which encroached upon an adjacent lot owned by the Bank. The trial court concluded the Partnership, by adverse possession, owns the entire building and the land upon which it sits, and that conclusion has not been challenged by the Bank. We, therefore, hold Brekke is not hable for damages to the Bank on equitable principles of unjust enrichment based upon the…