Daniel Stearns et al. v. Anthony L. Davis et al.

Issues on Appeal

The following summaries of the issues on appeal have been prepared by clerk’s office staff for the convenience of the public. The Supreme Court has neither approved nor reviewed any of the summaries. The parties’ filings and the applicable record — not these summaries — define and establish the issues that the Supreme Court will consider in a case. Please note that, in the interest of brevity, some issues in a listed case may have been combined or not summarized. In these summaries, “Rule Type” refers to the particular Supreme Court Rule under which the case has been docketed. “Type” and “Subtype” refer to the case type and case subtype, as determined in accordance with the definitions in the State Court Guide to Statistical Reporting, a publication of the Court Statistics Project (a joint project of the National Center for State Courts and the Conference of State Court Administrators).

Rule Type

Rule 7 Mandatory

Type

Civil

Subtype

Tort/Contract/Real Property

Whether the trial court, in this civil contempt action involving a property dispute, erred by relocating the right of way from its prior location, choosing to ignore evidence of physical monumentation laid by the plaintiff (e.g., hard pack rock surface) demonstrating the prior location of the right of way contrary to the priority of calls, as well as ignoring circumstantial evidence that the right of way required the turning of large commercial vehicles, consistent with the hard pack surface. Whether civil contempt is a strict liability offense or whether it requires an element of knowledge of a court order and willful disregard by the contemnor.