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Feloney v. Baye

Nebraska Supreme Court
815 N.W.2d 160 (2012)


Facts

Michael Feloney (plaintiff) and Robert Baye (defendant) owned homes separated by a 16-foot-wide alley. The narrow driveways for each home were situated directly across from one another on opposite sides of the alley. Due to the narrow driveway, Feloney often would use Baye’s driveway to help him make the turn into his garage. Additionally, Feloney frequently shoveled snow from Baye’s driveway so that he could continue to use it during the winter months. Subsequently, Baye constructed a retaining wall over his driveway to combat a drainage problem. The wall prevented Feloney from continuing to use Baye’s driveway. Feloney brought suit against Baye seeking an order imposing a prescriptive easement over Baye’s driveway and ordering him to remove a portion of the retaining wall. Baye filed a counter-claim seeking to quiet title to the driveway. Baye filed a motion for summary judgment which the trial court granted. Feloney appealed.

Rule of Law

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Issue

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Holding and Reasoning (Connolly, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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