Ostwald v. Beck

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Ostwald v. Beck

Case Number
A-18-0647
Court Number
Dodge
Call Date
June 12, 2019
Case Time
9:00 AM
Case Summary

A-18-0647, Doris Ostwald, Vernon Vodvarka, Becky Vodvarka v. Wayne Harold Beck (Appellant)

District Court for Dodge County, Judge Geoffrey C. Hall

Attorney for Appellant: Matthew M. Munderloh (Johnson & Mock, PC, LLO)

Attorney for Appellee: Blake E. Johnson, Paul A. Lembrick  (Bruning Law Group)

Civil Action: Declaratory Judgement; Injunctive Relief; Easement

Action Taken by Trial Court: The district court reaffirmed a 1977 judgment establishing an easement which grants appellees use of an access road that runs through appellant’s property to appellees’ property. The court also reaffirmed that appellant and his agents are permanently enjoined from engaging in actions that interfere with appellees’ rights to use the easement.

Assignments of Error on Appeal: Did the district court err in awarding appellees injunctive relief and permanently enjoining appellant and his agents from interfering with the easement? Did the district court err in failing to vacate the 1977 injunction due to a material change in circumstances, that being appellees’ acquisition of other property that gives her access to her previously “land-locked” property? Did the district court err in awarding declaratory relief to appellees by reaffirming the existence of the 1977 easement to include a portion of property not previously included?

Case Location
Lincoln
Court Type
District Court
Schedule Code
A1
Panel Text
Moore, Chief Judge, Pirtle, and Bishop, Judges