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STEWART v. BENNETT

No. S-05-1100.

727 N.W.2d 424 (2007)

273 Neb. 17

Paul D. STEWART and Beverly A. Stewart, appellees, v. Darlene A. BENNETT, Trustee of the Darlene A. Bennett Revocable Trust, appellant.

Supreme Court of Nebraska.

February 2, 2007.

Attorney(s) appearing for the Case

Lance D. Ehmcke, Joel D. Vos, and Jeremy J. Cross, of Heidman, Redmond, Fredregill, Patterson, Plaza, Dykstra & Prahl, L.L.P., for appellant.

Thomas A. Fitch, Lincoln, of Fitch Law Office, for appellees.

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

McCORMACK, J.

BACKGROUND

This case presents an action originally brought by Paul D. Stewart and Beverly A. Stewart to establish a holdover tenancy under the terms and conditions of an expired lease agreement with the landowner, Darlene A. Bennett, trustee of the Darlene A. Bennett Revocable Trust. Bennett denied the existence of a holdover tenancy and asserted that any rule of law establishing a holdover tenancy in this case would be an unconstitutional...

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