County Of Cedar v. Thelen

940 N.W.2d 521 (2020)

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Nature of the Case

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Facts

Since 2013, D has continuously and repeatedly placed a fence within the County's right-of-way and has refused to voluntarily remove his fence after being given reasonable notice to do so. According to the evidence, D has erected the same type of fence in the same location at least seven times and County (P) has repeatedly incurred the costs associated with removing the fence. D was charged with three counts of obstructing a public road in violation of Neb. Rev. Stat. § 39-301 (Reissue 2016), based on repeated instances of erecting an electric fence within the ditch right-of-way. D was convicted of three misdemeanors for re-erecting the same fence in the same location. D 'has indicated that he will continue to disregard notices in the future because the fine is only $25.00, indicating cheap pasture rent.' Following a bench trial, the district court granted an injunction against D's encroaching on the public road right-of-way. The court found that D had 'repeatedly and flagrantly' violated Nebraska statutes relating to the road rights-of-way and that successive criminal prosecution had proved to be an inadequate remedy. D appealed.