Huber v. Oliver County

NEUMANN, Justice.

This is an appeal from summary judgment in favor of Oliver County. We affirm in part, reverse in part, and remand for further proceedings.

This dispute centers on a 1961 contract between Lloyd and Emma Huber and Oliver County. The contract grants a provisional qualified easement across the Hubers’ land to construct a farm-to-market road. The easement allowed the County to build the road entirely on the Hubers’ land rather than building it along the congressional section line. Building the road along the section line would have required crossing Otter Creek numerous times, each…