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Appeals court hears dispute over adverse possession, neighbors argue permission vs. cumulative improvements
Summary
At oral argument in 24P479, Johnson v. Holbrook, the appeals panel heard competing accounts of whether the Holbrooks' use of two contiguous areas—a driveway turnaround and a parcel behind it—amounted to adverse possession or instead was permitted use by agreement.
At oral argument in 24P479, Johnson v. Holbrook, the appeals panel heard competing accounts of whether the Holbrooks' use of two contiguous areas—a driveway turnaround and a parcel behind it—amounted to adverse possession or instead was permitted use by agreement.
David Uidi, counsel for appellant Michael Johnson, told the panel the trial record shows Johnson gave the Holbrooks permission to "use" the turnaround area and to park there, and that the trial judge offered no factual basis for limiting that permission. Uidi argued testimony…
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