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County of Cedar v. Thelen

305 Neb. 351, 940 N.W.2d 521 (2020)

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County of Cedar v. Thelen

Nebraska Supreme Court
305 Neb. 351, 940 N.W.2d 521 (2020)

Facts

Cedar County, Nebraska (plaintiff) controlled a public road running along the south side of John Thelen’s (defendant) property. The county was responsible for keeping the road’s 66-foot right-of-way free of obstructions and would subject itself to liability if it failed to do so. Beginning in 2013, Thelen continuously and repeatedly erected an electric fence along the public road and within the county’s right-of-way. Despite being convicted on several occasions of the misdemeanor offense of obstructing a public roadway, Thelen continued to reinstall the same type of fence in the same location. The county filed a civil action against Thelen, seeking a permanent injunction. The trial court granted an injunction against Thelen’s encroaching on the public road’s right-of-way, finding that Thelen had repeatedly and flagrantly violated Nebraska law and that successive criminal prosecution had proved to be an inadequate remedy. Thelen appealed.

Rule of Law

Issue

Holding and Reasoning (Freudenberg, J.)

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