North Dakota Supreme Court

Roth v. Meyer

July 31, 20252025 ND 116

Summary

The court affirmed the $52,500 restitution award for unjust enrichment but reversed the judgment quieting title in the Roths and the related access relief. It held the record did not contain clear and convincing evidence of the hostile, exclusive, and objectively manifested possession required for adverse possession, particularly in a family setting. The case was remanded for further proceedings, including quieting title in favor of the Meyer trustees and addressing unresolved matters on the existing record.