ANDERSON v. MATTHIS

No. S-92-1024.

518 N.W.2d 94 (1994)

246 Neb. 215

Virgil D. ANDERSON and Rose M. Anderson, Appellants, v. Elaine J. MATTHIS, Appellee.

Supreme Court of Nebraska.

June 24, 1994.


Attorney(s) appearing for the Case

James D. Sherrets and Mark L. LaFontaine, of Sherrets Smith & Gardner, P.C., Omaha, for appellants.

Wesley E. Hauptman, Omaha, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, FAHRNBRUCH, LANPHIER, and WRIGHT, JJ.


FAHRNBRUCH, Justice.

By petition, Virgil D. Anderson and Rose M. Anderson asked a district court to declare that Elaine J. Matthis, as an owner and user of an easement on the Andersons' property, and Matthis' successors are responsible for half the cost of maintaining and improving the real estate on which the easement is located.

Matthis filed a "pretrial motion to dismiss" in which she claims that res judicata...

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