Joel G. Wiersum and Darlene Wiersum, Appellants v. Paul R. Harder and Lisa W. Wietfeld, Appellees — Fabe, J…

Summary

Chief Justice Fabe concurred in nearly all respects but would limit restoration damages to the property's highest pre-trespass market value, $40,000, because an award exceeding that amount would ordinarily be objectively unreasonable and create economic waste. She would give Harder the choice between accepting a $40,000 compensatory award, subject to trebling, and obtaining a new trial on damages. Justice Stowers, dissenting, would uphold the jury's restoration award, while Justices Winfree and Carpeneti would require broader or differently grounded proceedings on damages.