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HOMESTEAD ESTATES HOMEOWNERS ASS'N v. JONES

No. S-08-1042.

768 N.W.2d 436 (2009)

278 Neb. 149

HOMESTEAD ESTATES HOMEOWNERS ASSOCIATION, a Nebraska nonprofit corporation, appellee, v. Thomas D. JONES and Michelle L. Peterson-Jones, husband and wife, appellants.

Supreme Court of Nebraska.

July 17, 2009.

Attorney(s) appearing for the Case

Grant A. Forsberg, of Forsberg & Jolly Law, P.C., L.L.O., Omaha, for appellants.

David V. Chebatoris, of Svoboda & Chebatoris Law Office, Weeping Water, for appellee.

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

STEPHAN, J.

This appeal questions whether the owners of property subject to an ingress/egress easement may prevent the easement holder from upgrading the surface of a roadway over the easement in order to preserve the "charm of the area." We affirm the judgment of the district court for Cass County declaring that the easement holder had the right to upgrade the roadway, where it was not shown that the upgrade would damage...

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