Brown v. Morello

Summary

The Nebraska Supreme Court affirmed summary judgment quieting title to a parcel of land in favor of Lillie Brown based on adverse possession. The court held that Brown’s mowing, snow removal, and construction of a retaining wall established exclusive, open, and notorious possession for the statutory period, while rejecting challenges to the exclusion of portions of Bernard Morello’s affidavit.

Holdings

1. The district court properly granted summary judgment and quieted title in Brown's favor because the undisputed evidence established Brown's exclusive, open, and notorious possession of the parcel for the statutory period, while Morello presented no evidence that he used the property during that period.
2. The district court did not err in excluding Morello's assertion that he believed the retaining wall was on city property and had been constructed by the City of Omaha because the belief was based on assumption rather than personal knowledge and constituted speculation.
3. The court did not need to decide whether paragraph 5 was hearsay because, even if admissible, it did not create a material issue of fact concerning Brown's adverse possession claim.

Questions Presented

1. Whether the district court properly granted Brown summary judgment and quieted title based on adverse possession.
2. Whether the district court erred by excluding paragraph 5 of Morello's affidavit on hearsay and relevance grounds.
3. Whether the district court erred by excluding paragraph 6 of Morello's affidavit on speculation and relevance grounds.

Disposition

affirmed