COUNTY OF SARPY v. ISKE

No. 38565.

204 N.W.2d 146 (1973)

189 Neb. 621

COUNTY OF SARPY, Nebraska, Appellee, v. Lawrence ISKE and Anna Iske, Appellants.

Supreme Court of Nebraska.

February 9, 1973.


Attorney(s) appearing for the Case

Eisenstatt, Higgins, Kinnamon & Okun, J. Patrick Green, Omaha, for appellants.

Dixon G. Adams, County Atty., Papillion, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.


SMITH, Justice.

The question is whether a power line and poles were a privileged use under grant of an easement for construction and maintenance of an agricultural levee. The district court found for the easement owner, Sarpy County, and an order accordingly enjoined Lawrence and Anna Iske, owners of the servient tenement. Iskes appeal.

The facts are as follows. In 1966 the Corps of Engineers of the Department of...

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