Appeal from the District Court for Knox County: JAMES G. KUBE, Judge.
George H. Moyer, of Moyer & Moyer, for appellant.
James P. Meuret for appellees.
HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.
[287 Neb. 1034] McCormack,
NATURE OF CASE
Jimmie Kotrous filed a complaint against defendants Ryan Zerbe; Lyle J. Sukup; Kristen A. Sukup; Ryan Camden; AgriBank FCB; and Farm Credit Services of America, FLCA, seeking payment for a boundary fence he built between his property and the property in which the defendants have or had an interest. The district court for Knox County dismissed the complaint for lack of subject matter jurisdiction, finding that the county courts had exclusive jurisdiction over fence contribution cases. Kotrous now appeals.
In the complaint filed with the district court, Kotrous alleged that he had an agreement with the Sukups to build a new boundary fence between his property and the Sukups' property. As part of this agreement, Kotrous alleged that the Sukups agreed Kotrous would build the entirety of the fence and that both parties would share equally in the cost. Kotrous and three other people constructed the fence using supplies and equipment obtained by Kotrous. The Sukups never paid Kotrous and later sold their land to Zerbe and Camden. Zerbe and Camden then gave a deed of trust to AgriBank FCB and Farm Credit Services of America. Kotrous sought damages from each of these defendants.
The district court granted Zerbe and Camden's motion to dismiss solely on the ground that the district court lacked subject matter jurisdiction. The district court found that Kotrous' cause of action arose under Nebraska's " fence law," which is codified under Neb. Rev. Stat. § § 34-101 to 34-117 (Reissue 2008 & Cum. Supp. 2012). It held that under § 34-112.02, the Legislature had granted jurisdiction to the county courts to the exclusion of the district courts. Kotrous now appeals.
ASSIGNMENT OF ERROR
Kotrous assigns that the district court erred by dismissing the complaint for lack of ...