Property Dispute Enforcement After Final Judgment and Rejected Survey Review
Synthèse Legislator
Généré par l'IAA party, having been ordered to remove a structure encroaching upon another's property under a final judgment, failed to comply and instead petitioned for a review of the survey that formed the basis of the original decision, arguing a material error; the court rejected this appeal, reasoning that the original judgment, being final and based on a survey that was not successfully challenged through proper legal means at the time, could not be collaterally attacked through a petition for review of the factual evidence (the survey) after the prescribed appeal period had expired, as this constituted an impermissible attempt to re-litigate issues already decided.
Regeste Legislator
Généré par l'IAProperty Dispute Enforcement After Final Judgment and Rejected Survey Review: A party, having been ordered to remove a structure encroaching upon another's property under a final judgment, failed to comply and instead petitioned for a review of the survey that formed the basis of the original decision, arguing a material error; the court rejected this appeal, reasoning that the original judgment, being final and based on a survey that was not successfully challenged through proper legal means at the time, could not be collaterally attacked through a petition for review of the factual evidence (the survey) after the prescribed appeal period had expired, as this constituted an impermissible attempt to re-litigate issues already decided.