County of Cedar v. ThelenAnnotate this Case
The Supreme Court affirmed the judgment of the district court finding that Appellant's placing an electric fence within the county's right-of-way extending into a ditch violated Neb. Rev. Stat. 39-301 and granting an injunction against Appellant's encroaching on the public road right-of-way, holding that injunctive relief was proper.
Appellant repeatedly erected an electric fence within the ditch right-of-way alongside a county road. The district court granted a permanent injunction against encroaching on the public road right-of-way thirty-three feet in either direction from the centerline, including road ditches within that distance from the centerline, by placing fences. The court found that successive criminal prosecution had proved to be an inadequate remedy. The Supreme Court affirmed, holding that the district court did not err in (1) finding that placing the electric fence in the ditch violated section 39-301; and (2) failing to find that the County had an adequate remedy at law by way of criminal prosecution.