S-24-0567 Barbara Fey & L. Gail Wurtele (Appellees) v. Jeffrey A. Olson & Dianne M. Dowding (Appellants)
Appeal from the District Court for Otoe County, Judge Julie D. Smith
Attorneys: David A Domina (DominaLaw Group, PC LLO, for Appellant) and Ryan K. McIntosh (Brandt, Horan, Hallstrom & Stillmock for Appellee)
Civil: Easement and injunctive relief
Proceedings below: The district court found that Appellees established a prescriptive easement to maintain an access road across Appellants’ property for agricultural purposes and recreational uses, and the district court granted Appellees injunctive relief. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellants assigns the follow errors: 1) The trial court erred by granting a prescriptive easement; 2) The trial court erred by granting a prescriptive easement with inadequate restrictions for agriculture uses or the recreational use permitted; and 3) The trial court erred by not taking up the easement by necessity issue and granting an easement by necessity.