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TIERNEY v. FOUR H LAND CO. LTD. PARTNERSHIP

No. S-10-103.

798 N.W.2d 586 (2011)

281 Neb. 658

James TIERNEY and Jeffrey Tierney, appellants, v. FOUR H LAND COMPANY LIMITED PARTNERSHIP et al., appellees.

Supreme Court of Nebraska.

June 3, 2011.

Attorney(s) appearing for the Case

James J. Paloucek , of Norman, Paloucek & Herman Law Offices, Northe Platte, for appellants.

Jay C. Elliott , of Elliott Law Office, P.C., L.L.O., Northe Platte, for appellees Four H Land Company Limited Partnership and Western Engineering Company, Inc.

Susan C. Williams , Northe Platte, for appellees Frank Aloi and Aloi Living Trust.

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

McCORMACK, J.

NATURE OF CASE

James Tierney and Jeffrey Tierney brought this action against Four H Land Company Limited Partnership (Four H Land); Western Engineering Company, Inc. (Western Engineering); Frank Aloi, trustee of the Aloi Living Trust; and the Aloi Living Trust (collectively the defendants) to compel them to lower the elevation of a lakeside housing development adjoining the Tierneys' land. The district...

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