Ahrens v. Tichota

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Ahrens v. Tichota

Case Number
A-18-0094
Court Number
Otoe
Call Date
April 16, 2019
Case Time
1:00 PM
Case Summary

A-18-0094, Donald R. Ahrens and Kenneth L. Ahrens v. Jason M. Tichota and Gina R. Tichota (Appellants)

Otoe County District Court, Judge Michael A. Smith

Attorney for Appellant:  Mark S. Dickhute

Attorney for Appellee:  Thomas D. Prickett (Reinsch, Slattery, Bear, and Minahan, PC, LLC)

Civil Action:   Prescriptive Easement

Action Taken by Trial Court:  The trial court granted appellee’s motion for summary judgment, finding there were no genuine issues of material fact and that appellees had proven that they were entitled as a matter of law to a public prescriptive easement. The court also enjoined the appellants from interfering with appellees’ use of the prescriptive easement. The trial court further denied appellants’ claims in their amended counterclaim for quiet title and ejectment, denied their claim to enjoin appellees from entering and using any portion of their land, and dismissed their claim for trespass.

Assignments of Error on Appeal: Did the trial court err in refusing to quiet title to appellants free and clear of any claim of appellees because of the operation of Nebraska’s marketable title statutes? Did the trial court err in finding that execution of an easement and creation of another road providing access to the grain facility and machine shed leased by appellees did not moot the claim for public prescriptive easement? Did the trial court err in granting appellees’ motion for summary judgment? Did the trial court err in declaring a public prescriptive easement without joining a neighboring landowner, an indispensable party, over whose property the road to appellees’ leasehold was partially located? Did the trial court err in granting an injunction prohibiting appellants from interfering with the public’s unrestricted use of part of their land?

Case Location
Lincoln
Court Type
District Court
Schedule Code
A2
Panel Text
Pirtle, Arterburn, and Welch, Judges