Brown v. Morello, 308 Neb. 968

Plaintiff Lillie Brown bought 2934 Nicholas St. in Omaha in 1972 and lived there continuously; defendant Bernard Morello acquired an adjacent narrow lot (2936 Nicholas St.) at a 1995 tax-foreclosure sale.
The disputed parcel is a roughly 20.7 ft × 130 ft strip between Brown’s yard and the city sidewalk, too small for a dwelling.
For decades Brown (and family) mowed the strip, cleared the adjoining sidewalk, and more than 10 years earlier had a retaining wall constructed along the western edge.
Brown filed to quiet title asserting adverse possession; Morello counterclaimed for trespass and removal of the retaining wall.
At summary judgment the district court excluded portions of Morello’s affidavit (one paragraph the court sustained as hearsay/relevance; another as speculation/lack of personal knowledge), granted Brown summary judgment, and quieted title to Brown.
Morello appealed, arguing the court erred in (a) granting summary judgment (disputes over exclusivity and notoriety) and (b) excluding affidavit paragraphs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Brown established adverse possession (actual, continuous, exclusive, notorious, adverse for 10 years)	Brown: she and family performed all acts of ownership (mowing, snow clearing, retaining wall) continuously and openly for the statutory period	Morello: Brown’s acts are routine maintenance; Morello (or his agent) used/inspected the lot, so possession was not exclusive or notorious	Court: Affirmed summary judgment for Brown — undisputed maintenance and retaining wall supported exclusive, open, notorious possession; no evidence Morello used the land
Whether paragraph 5 of Morello’s affidavit (agent reported no notice) was admissible	Brown: objected as hearsay and irrelevant	Morello: offered as proof he lacked notice of adverse use	Court: Sustained objection; did not decide hearsay issue but held that even if admissible it would not create a material factual dispute as to adverse possession
Whether paragraph 6 of Morello’s affidavit (belief wall was city-built) was admissible	Brown: objected as speculation and irrelevant	Morello: proffered belief to explain nonaction regarding the wall	Court: Exclusion affirmed — statement was speculation/lacked personal knowledge and properly excluded

Siedlik v. Nissen, 303 Neb. 784 (2019) (sets adverse possession elements and analysis for platted lots)
Poullos v. Pine Crest Homes, 293 Neb. 115 (2016) (visible sod lines and maintenance can create a triable issue on notoriety)
Nye v. Fire Group Partnership, 265 Neb. 438 (2003) (maintenance plus physical improvements may support adverse possession; exclusivity disputed when both parties use land)
Wiedeman v. James E. Simon Co., Inc., 209 Neb. 189 (1981) (routine clearing, fencing, and hauling can be sufficiently open and notorious)
Kaiser v. Allstate Indemnity Co., 307 Neb. 562 (2020) (summary judgment standard)