K & H Hideaway, LLC v. Cheloha

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K & H Hideaway, LLC v. Cheloha

Case Number
Call Date
March 7, 2016
Case Time
1:00 PM
Case Summary

A-15-0275, K & H Hideaway, L.L.C. v. Rodney M. Cheloha (Appellant)

Platte County, District Court Judge Robert Steinke

Attorney for Appellant: David A. Domina (Domina Law Group pc llo) and Mark M. Sipple (Sipple, Hansen, Emerson, Schumacher, & Klutman Law Firm)

Attorney for Appellee: George H. Moyer (Moyer & Moyer)

Civil Action: Prescriptive Easement

Action Taken by Trial Court: The trial court found that any presumption of permissiveness was rebutted by appellee and granted appellee a prescriptive easement over appellant's property. The court further issued an injunctive order preventing appellant from interfering with appellee's use.

Assignments of Error on Appeal: Did the trial court err in granting appellee a prescriptive easement and enjoined appellant from denying appellee use of the contested roadway? Did the trial court employ the correct standard of proof? Did the trial court misapply precedent, including Feloney v. Baye, 283 Neb. 972, 815 N.W.2d 160 (2012), and decide the case incorrectly as a result? Did the trial court err in granting an easement without delineated usage terms and terms so vague as to be unenforceable?

Case Location
Panel Text
Inbody, Pirtle, and Riedmann, Judges