Feloney v. Baye
Nebraska Supreme Court
815 N.W.2d 160 (2012)
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
Holding and Reasoning (Connolly, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 171,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.