S-23-0908 PSK, L.L.C. (Appellant) v. Legacy Outdoor Advertising, L.L.C., A Nebraska Limited Liability Company (Appellee)
Appeal from the District Court for Buffalo County, Judge John H. Marsh
Attorneys: Bradley Holbrook and Bryce Sealock (Jacobsen, Orr, Lindstrom & Holbrook, P.C., L.L.O. for Appellant) and Steven Olsen and Elizabeth Stobel (Simmons Olsen Law Firm, P.C., L.L.O. for Appellee)
Civil: Quiet Title
Proceedings below: Following a bench trial, the District Court for Buffalo County found that Appellant had failed to meet its burden of proof in the quiet title action, and it entered judgment in favor of Appellee finding that it had acquired title to a billboard as its removable personal property. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The district court erred in determining that the Appellant failed to establish ownership, title and interest in the billboard; 2) The district court erred in failing to find the Appellant had title to the billboard by way of a trustee deed and bill of sale; 3) The district court erred in finding that the Appellant failed to establish that it had a superior interest in the property compared to the Appellee because Appellee’s chain of title was not readily identifiable; 4) The district court erred in finding the billboard was removeable personal property and therefore not a fixture under Nebraska law; and 5) The district court erred in determining that Appellant was not a good faith purchaser of the billboard because such a determination was not required.