KIOWA CREEK LAND & CATTLE CO. V. NAZARIAN
554 N.W. 2d 175 (1996)
NATURE OF THE CASE: This was a declaratory relief action related to an easement.
FACTS: Kiowa Creek (P) filed a declaratory judgment action to get a decision that it held
an easement of access across a section of land that was formerly school land but which had
been purchased by Nazarian (D). D purchased the land from the Nebraska Board of Education by
a quitclaim deed in September 24, 1990. This action was commenced on March 30, 1994. D was
granted a summary judgment on the grounds that the land had been owned by the State of
Nebraska less than 10 years before and that because the statute of limitations does not run
against the state and the land had been in private ownership less than 10 years, P could not
have acquired the rights by prescription.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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