BIG RIVER CONST. CO. v. L & H PROPERTIES

No. S-02-1361.

681 N.W.2d 751 (2004)

268 Neb. 207

BIG RIVER CONSTRUCTION COMPANY, appellee, v. L & H PROPERTIES, INC., appellant.

Supreme Court of Nebraska.

June 25, 2004.


Attorney(s) appearing for the Case

Timothy W. Nelsen, of Fankhauser, Nelsen & Werts, P.C., Nebraska City, for appellant.

John J. Horan, of Brandt, Horan, Hallstrom, Sedlacek & Stilmock, Lincoln, for appellee.

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


McCORMACK, J.

I. INTRODUCTION

Big River Construction Company (Big River) brought an action to recover for the value of improvements made to property it had leased from L & H Properties, Inc. (L & H), which filed a cross-petition alleging that Big River had committed waste to the property. The district court found in favor of Big River and dismissed L & H's cross-petition. L & H appeals.

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