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Remedies Keyed to Tabb, 8th
Kroulik v. Knuppel
Citation:
634 P.2d 1027 (1981)Facts
In 1944, plaintiffs Charles and Claire Kroulik acquired real property described as located east of the east bank of the Animas River. In 1973, defendant Raymond Knuppel acquired adjacent property by deed describing his land as west of the east bank of the Animas River, but the deed’s courses and distances placed the boundary on the east side of a gravel bar, making Knuppel the record owner. Charles Kroulik testified that since 1944 he considered the east bank to be at the west end of the gravel bar, procured sand and gravel for his own use, leased the property to others for gravel operations, and fished from the gravel bar. In 1976, Knuppel leased the gravel bar to Burnett Construction Company, which conducted mining operations until 1977, removing gravel and destroying vegetation including a 73-year-old, 50-foot-tall pine tree located on a promontory overlooking the river. Plaintiffs filed suit in 1977 seeking damages for unauthorized mineral removal and property destruction.
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