In State v. Brakke, 474 N.W.2d 878 (N.D. 1991) Brakke was convicted of theft for harvesting crops on property owned by a bank. Id. at 880. Brakke had planted the crops on the property in the spring of 1989. Id. at 879. It was after the crops were planted, that half of the property was awarded to the bank through a partition judgment. Id. The other half of the property was awarded to Alice Brakke, Ronald's mother. Id. The judgment, however, was silent regarding disposition of the crops. Id. Thus, a primary issue in Brakke was "whether a cotenant who plants crops on land which is subsequently lost through partition also loses entitlement to the growing crops." Id. at 880. At the time Brakke was tried, the issue was one of first impression in North Dakota and had rarely been addressed in other jurisdictions. Id. The Court concluded a "legitimate dispute" existed over ownership of the crop. Id. at 882. Because Brakke's conviction for theft turned on the resolution of this unique property law issue, we concluded "[a] criminal theft trial is not the proper vehicle for resolving property law questions of this nature." Id.