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R & S INVESTMENTS v. AUTO AUCTIONS, LTD.

No. A-04-1098.

725 N.W.2d 871 (2006)

15 Neb. App. 267

R & S INVESTMENTS, a Partnership, Appellant, v. AUTO AUCTIONS, LTD., a Nebraska Corporation, Appellee.

Court of Appeals of Nebraska.

December 19, 2006.

Attorney(s) appearing for the Case

Terry K. Barber, Lincoln, for appellant.

Robert B. Creager, of Anderson, Creager & Wittstruck, P.C., Lincoln, for appellee.

INBODY, Chief Judge, and MOORE and CASSEL, Judges.

MOORE, Judge.

INTRODUCTION

R & S Investments (R & S) holds an easement on the property of Auto Auctions, Ltd., for the use of two sanitary sewer lagoons and all necessary piping and connections to the lagoons. After acquiring the property on which R & S' easement lies, Auto Auctions relocated the easement by filling one of the original lagoons with dirt, constructing a new lagoon for use by both property owners, and providing R & S with the...

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