FIESE v. SITORIUS

No. S-93-630.

526 N.W.2d 86 (1995)

247 Neb. 227

Larry FIESE, Doing Business As Gothenburg Flying Service, Appellant, v. George SITORIUS, Also Known As George R. Sitorius, and Marcia E. Sitorius, Husband and Wife, Appellees.

Supreme Court of Nebraska.

January 13, 1995.


Attorney(s) appearing for the Case

Steve Windrum, Gothenburg, for appellant.

P. Stephen Potter, Gothenburg, for appellees.

David T. Schroeder, Grand Island, for amicus curiae Nebraska Aviation Trades Ass'n.

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


LANPHIER, Justice.

Plaintiff-appellant, Larry Fiese, who operates an airport, brought this action in the district court for Dawson County to enjoin defendants-appellees, George R. and Marcia E. Sitorius, who own land next to the airport, from placing any obstruction in airspace over Sitoriuses' land. Fiese claimed he has acquired an avigation easement by prescription to take off and land over Sitoriuses' farm. After a trial, the district court dismissed the action...

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