County of Cedar, Nebraska v. Thelen

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County of Cedar, Nebraska v. Thelen

Case Number
Call Date
February 5, 2020
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-19-0605 County of Cedar, Nebraska v. John Thelen (Appellant)

Cedar County, Judge Paul J. Vaughan

Attorneys: Bradley C. Easland (Egley, Fullner, Montag, Morland & Easland, P.C.) — Mark D. Fitzgerald (Fitzgerald, Vetter, Temple, Bartell & Henderson)

Civil: Action for prohibitory injunction

Proceedings Below: The court granted a permanent injunction in favor of the County and against Thelen, preventing Thelen from placing an electric fence or any other obstruction in the right-of-way of a county road that borders land owned by Thelen.

Issue: Thelen assigns that the court erred by finding that a permanent injunction should be entered when (1) the County had an adequate remedy at law and (2) the evidence presented did not support a finding that Thelen violated Neb. Rev. Stat. §§ 39-301 and 39-310 (Reissue 2016).

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