Davis v. Westphal

The Supreme Court affirmed the district court’s denial of the portion of Plaintiffs’ motion motion for partial summary judgment seeking an order compelling Defendants to immediately remove trespassing encroachments on Plaintiffs’ property an to restore the property to its prior condition subject to Plaintiffs’ right to do so at Defendants’ expense if they failed to timely act. The court further affirmed the district court’s underlying grant of summary judgment declaring Defendants’ shop building and underground septic system to be trespassing encroachments on Plaintiffs’ property. Specifically, the court held that, at this stage in the proceedings, the district court’s interlocutory denial of preliminary or final mandatory injunctive relief was neither irreconcilable with its summary judgment declaring a trespass nor a manifest abuse of discretion. View "Davis v. Westphal" on Justia Law