County of Sarpy v. Iske

The question is whether a power line and poles were a privileged use under grant of an easement for construction and maintenance of an agricultural levee. The district court found for the easement owner, Sarpy County, and an order accordingly enjoined Lawrence and Anna Iske, owners of the servient tenement. Iskes appeal.

The facts are as follows. In 1966 the Corps, of Engineers of the Department of the Army prepared design memorandum R-613-1 for construction of a levee in Sarpy County. The purpose was protection of 3,000 acres of land, some of which the Iskes owned. The memorandum provided for…