Brown v. Jacobsen Land and Cattle Company

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Brown v. Jacobsen Land and Cattle Company

Case Number
S-16-0604
Call Date
March 28, 2017
Court Number
Banner
Case Summary

S-16-0604, Terry P. Brown and Linda S. Brown v. Jacobsen Land and Cattle Company and State of Nebraska, ex rel. Game and Parks Commission (Appellant)

Banner County, Judge Derek C. Weimer

Attorneys: Douglas J. Peterson & Charles E. Chamberlin (Attorney General's Office) ' Andrew W. Snyder (Chaloupka, Holyoke, Snyder, Chaloupka & Longoria, PC, LLO)

Civil: Quiet title

Proceedings Below: The district court allowed the State to intervene, but determined that the State's interest was insufficient to allow it to present evidence. The court granted summary judgment in in favor of Terry and Linda Brown on the issue of whether their filing a lis pendens precluded any subsequent purchaser from obtaining an interest in the disputed property. Following trial, the court found that the Browns met their burden of proving adverse possession to the property.

Issues: The State assigns that the court erred in (1) determining that the lis pendens operated to make the State a subsequent purchaser, or in the alternative, refusing to cancel the lis pendens based upon the Browns' extensive knowledge of the State's interest before the Browns filed their complaint; (2) refusing to consider the effect of equitable title on the State's interest and ability to defend against the Browns' claims; (3) determining that equitable title to the disputed property would not affect the State's interest in the Browns' claims and its ability to defend against the claims; (4) determining that the State had a sufficient interest to intervene but not a sufficient interest to resist the Browns' claim of adverse possession; (5) determining that the Browns met their burden of proving adverse possession; and (6) refusing to modify the case progression order.