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Michael P. Feloney V. Robert W. Baye

For the following case, answer the questions:

Michael P. Feloney, Appellant, V. Robert W. Baye, Appellee., No. S-11-79. Supreme Court Of Nebraska, 283 Neb. 972; 815 N.W.2d 160; 2012 Neb. Lexis 78

I. CITATION
List the case name and official citation. Also identify the court which is rendering the decision and the year the decision was rendered. See this citation for help in properly citing your case: www.law.cornell.edu/citation

II. FACTS OF THE CASE
A. What type of case is involved, civil or criminal?
B. Who is /are the plaintiff(s)?
C. Who is/are the defendant(s)
D. Briefly tell about the case and why it was filed.

III. HISTORY OF THE CASE IN THE LOWER COURTS.
A. Which court wrote the opinion you are examining now?
B. In what lower courts did the case appear before appearing in the court where it is now?
C. Who won in each of the lower courts?

IV. ISSUES. Discuss at least THREE ISSUES
What are the legal questions which were decided by the appellate court whose opinion you are reading now?
(These issues must be framed in the formed in the form of questions which can be answered by a simple yes or no.) (Make the issues general in nature and generic in form. That means the issues you frame should be equally applicable to all similar cases)

V. DECISION
Indicate here whether the appellate court's answers to the issue or issues, was yes or no. Then note the decision by the appellate court? (Did it affirm or reverse the decision of the lower court?) Do not include any discussion in this section.

VI. RATIONALE.
What was the reason, or reasons, given for the holding by the appellate court? (Completely explain the reasoning of the court in deciding the answers to the issues you have framed)
(The rational must be much longer than your facts and must answer all issues raised by you)

VII. DISSENT
Was there a dissent by anyone on the appellate court? If so, how many judges dissented- and way)

Solution Preview

I. CITATION
Michael P. Feloney, Appellant, V. Robert W. Baye, Appellee., No. S-11-79. Supreme Court Of Nebraska, 283 Neb. 972; 815 N.W.2d 160; 2012 Neb. Lexis 78

II. FACTS OF THE CASE
A. What type of case is involved, civil or criminal?
This is a civil case
B. Who is /are the plaintiff(s)?
The plaintiff is Michael P Feloney
C. Who is/are the defendant(s)
The defendant is Robert W. Baye.
D. Briefly tell about the case and why it was filed.
For several years, Michael P. Felony used his neighbor's driveway to turn his vehicle to enter his garage. This according to Felony was necessary because the narrow alley that separated Felony's property from Baye's property did not give adequate room for Felony to make the sharp turn into his garage. When Baye decided to build a retaining wall on his driveway, it prevented Felony from using Baye's driveway to get in and out of his garage. Felony sued Baye in the district court of Douglas County. Felony asked the court to give a prescriptive easement on ...

Solution Summary

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