This section contains the nature of the case and procedural background.

Kiowa Creek (P) filed a declaratory judgment action to get a decision that it held an easement of access across a section of land that was formerly school land but which had been purchased by Nazarian (D). D purchased the land from the Nebraska Board of Education by a quitclaim deed in September 24, 1990. This action was commenced on March 30, 1994. D was granted a summary judgment on the grounds that the land had been owned by the State of Nebraska less than 10 years before and that because the statute of limitations does not run against the state and the land had been in private ownership less than 10 years, P could not have acquired the rights by prescription.

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