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LAKE ARROWHEAD, INC. v. JOLLIFFE

No. S-00-966.

639 N.W.2d 905 (2002)

263 Neb. 354

LAKE ARROWHEAD, INC., Appellant, v. Tony JOLLIFFE, Appellee.

Supreme Court of Nebraska.

March 8, 2002.

Attorney(s) appearing for the Case

Betty L. Egan, Omaha, of Walentine, O'Toole, McQuillan & Gordon, for appellant.

Mark L. Laughlin and Robert F. Peterson, Omaha, of Laughlin, Peterson & Lang, for appellee.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

MILLER-LERMAN, Justice.

I. NATURE OF CASE

At issue in this declaratory judgment case is access to an 11.5 acre parcel of land owned by appellee, Tony Jolliffe. The parcel is adjacent to but located outside Lakeland Estates, a gated residential housing subdivision in Blair, Nebraska. Appellant, Lake Arrowhead, Inc., owns and maintains the lake and roads within Lakeland Estates. Due to the existence of a creek along portions of its borders, the parcel can...

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