Robinson v. Harrigan Timberlands Limited Partnership

Robert Robinson appealed a circuit court's dismissal of his action against Harrigan Timberlands Limited Partnership ("Harrigan"), Scotch Land Management, LLC ("Scotch"), Fulton Logging Company, LLC ("Fulton"), Black Sheep Woodlands, LLC ("Black Sheep"), and Todd Overstreet d/b/a Overstreet Timber Company ("Overstreet") (collectively referred to as "the Harrigan defendants") for the alleged wrongful cutting of timber. The pivotal factor in the trial court's judgment that the eastern boundary line of "Parcel Two" was located in one location suggested by the documentary evidence rather than another location suggested by documentary evidence was the court's on-site inspection of the property, an inspection made during the summary-judgment stage of the proceedings. Ultimately, the trier of fact may reject Robinson's contention that the "Bassetts Creek" referred to in his deeds as marking the eastern boundary of Parcel Two was in a different location than the location suggested by the Harrigan defendants. But, on the record before the Alabama Supreme Court, that was not a judgment that appropriately could be determined by summary judgment. Therefore, the trial court's judgment was reversed and the matter remanded for further proceedings. View "Robinson v. Harrigan Timberlands Limited Partnership" on Justia Law