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LAMBERT v. HOLMBERG

No. S-04-1334.

712 N.W.2d 268 (2006)

271 Neb. 443

C. Ronald LAMBERT and Charlotte K. Lambert, Appellants, and Sanitary and Improvement District No. 5, Appellee, v. James J. HOLMBERG and Mary Lou Holmberg, Appellees.

Supreme Court of Nebraska.

April 21, 2006.

Attorney(s) appearing for the Case

James G. Egley, of Moyer, Moyer, Egley, Fullner & Montag, Madison, for appellants.

Kristopher J. Covi, Mark F. Enenbach, and Thomas O. Kelley, of McGrath, North, Mullin & Kratz, P.C., L.L.O., Omaha, for appellees James J. Holmberg and Mary Lou Holmberg.

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

STEPHAN, J.

This is an equitable action seeking injunctive relief for a repeated and continuous trespass involving a private sewerline. The district court for Platte County determined that James J. Holmberg and Mary Lou Holmberg committed an indirect trespass when they connected the sewerline from their home to a public sewer system which ultimately connected to a private sewerline owned by C. Ronald Lambert and Charlotte...

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