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Property Keyed to Chase
Fiese v. Sitorius
Citation:
526 N.W.2d 86 (1995)Facts
Larry Fiese and his father before him operated a private airstrip on their property continuously since 1969. The grass airstrip was approximately 160 feet wide and 2,400 feet long, running from south to north. At the northern edge of Fiese’s property was a county road, and across this road lay the Sitoriuses’ farm and dwelling. Fiese and his father typically took off toward and landed from the north, flying over the Sitoriuses’ property. In 1981, Fiese purchased the airstrip and agricultural spraying business from his father and continued operations. On August 6, 1992, the Sitoriuses placed a stack of hay approximately 30 feet wide and 15 feet high on their property, about 60 feet from the northern end of Fiese’s airstrip. They had previously erected a 20-25 foot pole in the same area. Fiese claimed these obstructions prevented him from safely using his airstrip and filed suit seeking an injunction, arguing he had acquired an avigation easement by prescription through continuous use since 1969.
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