Fiese v. Sitorius
Nebraska Supreme Court
526 N.W.2d 86 (1995)
Larry Fiese (plaintiff) operated an agricultural spraying business and airstrip on his property. Fiese’s father owned and operated the business from 1969 to 1981, when Fiese purchased both. Since 1969, planes using the airstrip had taken off and landed over the north end of the property. The Sitoriuses (defendants) own a farm to the north of Fiese’s property. In 1992, to prevent Fiese from safely using the airstrip, the Sitoriuses placed a stack of hay 30-feet wide and 15-feet high on their own property. The Sitoriuses also previously erected a 25-foot high pole directly across from the airstrip for the same purpose. Fiese sued to prevent the Sitoriuses from placing any obstruction in the airspace over the Sitoriuses’ farm. Fiese claimed he had acquired an avigation easement by prescription to take off and land over the Sitoriuses’ farm because he and his father had used the airspace since 1969. The trial court held that a prescriptive avigation easement had never been found and dismissed the case. Fiese appealed.
Rule of Law
Holding and Reasoning (Lanphier, 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 178,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.