Roth v. Meyer

Summary

The court held that the district court properly addressed adverse possession on remand but clearly erred in finding that Gary Meyer acquired title through adverse possession because the record did not contain clear and convincing evidence of hostile, exclusive possession, particularly in a family relationship. The court therefore directed that title be quieted in favor of the Meyer trustees and reversed related access relief. It affirmed the $52,500 restitution award because the evidence supported all elements of unjust enrichment despite the unenforceability of the oral loans.