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Kiowa Creek Land & Cattle Co. v. Nazarian

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


Facts

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

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Issue

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Holding and Reasoning (Hannon, 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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