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KEITGES v. VanDERMEULEN

No. S-89-445.

483 N.W.2d 137 (1992)

240 Neb. 580

James KEITGES and Cheryl Keitges, Husband and Wife, Appellants, v. Darrell S. VanDERMEULEN, Appellee.

Supreme Court of Nebraska.

May 1, 1992.

Attorney(s) appearing for the Case

Barbara Thielen, of Taylor, Fabian, Thielen & Thielen, Omaha, for appellants.

Terry K. Gutierrez, of Gast & Peters, Omaha, for appellee.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

BOSLAUGH, Justice.

This action was brought by the plaintiffs, James and Cheryl Keitges, to recover damages for the destruction of trees, shrubs, and vegetation on their property when the defendant, Darrell S. VanDermeulen, attempted to clear a path for the construction of a fence. The defendant's property is adjacent to the plaintiffs' land.

In the first cause of action of the amended petition, the plaintiffs sought treble damages under Neb.Rev.Stat. §...

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