S-24-0944 James Goldie and Carol Goldie, husband and wife, and the Carol J. and James Goldie Living Trust (Appellees) v. McNeil & Company Builders, LLC and McNeil Company, Inc., A Nebraska Corporation (Appellants)
Appeal from the District Court for Douglas County, Judge W. Russell Bowie, III
Attorneys: Jay Ferguson (Attorney for Appellees) and David L. Welch and Maggie L. Brokaw (Pansing Hogan Ernst & Buser LLP for Appellants)
Civil: Quiet title and adverse possession
Proceedings below: Appellees sued Appellants to quiet title based on a claim of adverse possession. Following a bench trial, the district court quieted title in Appellees’ favor. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellants assign the following error: 1) The district court incorrectly determined that Appellees adversely possessed the contested land because: a) Appellees’ use of the contested land was not adverse; and b) Appellees’ use of the contested land was not notorious.