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PESTAL v. MALONE

No. S-07-216.

750 N.W.2d 350 (2008)

275 Neb. 891

Mark Steven PESTAL and Kimberly Ann Pestal, appellees, v. John J. MALONE, Sr., and Karen Malone, appellants, and all persons whether natural or artificial, having or claiming any interest in and to: Lot 7, the Hilltop of Oak Hills Highlands, a subdivision in Douglas County, Nebraska, real names unknown, appellees.

Supreme Court of Nebraska.

June 13, 2008.

Attorney(s) appearing for the Case

Philip J. Lee for appellants.

James B. McVay and John S. Kampfe, of Tiedeman, Lynch, Kampfe & McVay, Omaha, for appellees Mark Steven Pestal and Kimberly Ann Pestal.

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

MILLER-LERMAN, J.

NATURE OF CASE

This equity action involves a dispute among neighbors over four parcels of property. The disputed parcels are either part of or adjacent to a common driveway serving three lots, 6, 7, and 8, in the Hilltop of Oak Hills Highlands subdivision in Douglas County, Nebraska. The owners of lot 8, Mark Steven Pestal and Kimberly Ann Pestal, appellees, brought this action in the district court for Douglas County against the owners...

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