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THOMSEN v. GREVE

No. A-95-191.

550 N.W.2d 49 (1996)

4 Neb.App. 742

Elmer THOMSEN and Phyllis Thomsen, husband and wife, Appellants and Cross-Appellees, v. Ron GREVE and Nancy Greve, husband and wife, Appellees and Cross-Appellants.

Court of Appeals of Nebraska.

June 11, 1996.

Attorney(s) appearing for the Case

Stuart B. Mills, Pender and Gregory C. Damman, Seward, for appellants.

Michael F. Scahill, of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellees.

HANNON, SIEVERS, and MUES, JJ.

HANNON, Judge.

This is a nuisance action brought by the plaintiffs, Elmer Thomsen and Phyllis Thomsen, to enjoin the defendants, Ron Greve and Nancy Greve, from using a wood-burning stove to heat their home and for damages resulting from the smoke originating from the stove. The trial court found the smoke from the Greves' stove created a nuisance, and ordered the Greves to abate the nuisance by raising the height of their chimney by 3 feet and burning only clean...

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