Fiese v. Sitorius

526 N.W.2d 86 (1995)

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Nature of the Case

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Facts

P and his father, have operated a private airstrip on his property continuously since 1969. The grass airstrip, roughly 160 feet wide and 2,400 feet long, runs from the south to the northernmost edge of P's property. At the northernmost edge of D's property, where the airstrip ends, is a county road. Across the county road, to the north, lies D's farm and dwelling. P's father typically took off toward and landed from the north, except when wind conditions required doing otherwise. Neither P nor his father ever received permission from D to fly over their land. On August 6, 1992, D placed a stack of hay, approximately 30 feet wide and 15 feet high, on the property to prevent P and others from safely using the airstrip. P also alleged that D had previously erected a pole 20 to 25 feet tall directly across the road from the northern end of his airstrip. P sought an injunction to prevent D from placing any obstruction in the airspace. P claimed an avigation easement and contended that he and his predecessor in interest, his father, used the airspace overlying D's land since 1969. P alleged that he and his father had used the airspace 'openly, notoriously, adversely, continuously, and under claim of right and without interruption, all with the knowledge and acquiescence of D and D's predecessors in interest.' The suit was dismissed, and P appealed.