Logourl black
From our private database of 14,000+ case briefs...

Kiowa Creek Land & Cattle Co. v. Nazarian

Nebraska Court of Appeals
554 N.W.2d 175 (Neb. Ct. App. 1996)


The Nazarians (defendants) purchased land from the Nebraska government in 1990. Kiowa Creek Land & Cattle Co. (Kiowa) (plaintiff) owned land immediately to the west, and had regularly travelled across the Nazarian’s land for many years prior to 1990. In 1994, Kiowa sought a declaratory judgment that it had a prescriptive easement of access across the Nazarians’ land. The Nazarians moved for summary judgment of dismissal. The trial court granted the motion on the ground that the land had been in private ownership for less than 10 years, the statutory period for a prescriptive easement to vest. The trial court held that Kiowa’s use of the land prior to the 1990 purchase could not be counted towards the 10-year period. Kiowa appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.


The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Hannon, J.)

The holding and reasoning section includes:

  • 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.).

To access this section, please start your free trial or log in.

What to do next…

  1. 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.

  2. 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 202,000 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.