Under Nebraska law regarding the motion for partial summary judgment, should the court grant the partial summary judgment for INAP, which sought to quite title to 200 acres of property because it claimed the land to be bequeath to it under Luz’s will,against Jordy, who is given the deed to the property by Luz in June 17, 1990, filed the deed on Decemebr 1, 1990, a time long before INAP claimed to be given the preperty by Luz, paid the property taxes regularly, had a survey done of the property in 2002, and has been managing to lease or sell the property since 2002.
Jordy has the title of the property because Luz, his aunt, gave the deed of this property to him. He filed the deed, paid taxes of the property and had a survey done of the property, even though the INAP claimed the title of the property due to the will left by Luz in 1995.
Luz gave the land to Jordy when her health was well. (Deposition of Jordy “Dep. Jordy”: 1:29). The controversial land, a 200 acres of property in the Sandhills outside of Mullen, Nebrask, was originally owned to Luz since 1952, the aunt of Jordy and also a member of INAP when she was alive. (Deposition of INAP “Dep. INAP”: 1:33 ). Jordy often visted the land when he was a boy and Luz would often take him there to play and took hundred of pictures of all the plants and animals on the land. (Dep. Jordy: 1:39). On June 17, 1990, Luz gave Jordy the deed of the 200 acres land. (Dep. Jordy: 1:30).
Luz liked natural and animal photography. (Dep. INAP: 1:30). Luz had been one of INAP’s first charter member sin 1985, and between 1985 to 1989, she took many members of INAP out to the property to take photographs on the plants, birds, and animals.(Dep. INAP: 2:9-18). She was said to have a will to leave the land to INAP in 1987. (Dep. INAP: 2:6-7). However, she did not gave deed to INAP. (Dep. INAP: 2:6-7).
Luz did not withdraw her promise that she gave the property to Jordy. (Dep. Jordy: 2:4). When Luz knew that Jordy wanted to go to medical school rather than to become a scenic photographer, she stopped talking to Jordy. (Dep. Jordy: 2:2). However, she still told Jordy that she want him to have the property and Luz gave Jordy the deed, dated June 17, 1990 and Jordy filed the deed in the office of the Register of Deeds for Hooker County, Nebraska,on December 1, 1990. (Dep. Jordy: 2:3-5). Then Jordy left Nebraska in 1992 to Baltimore, the city he lived since then, as an otolaryngologist. (Dep. Jordy: 1:26). Jordy did not visted the property after he filed the deed to it in 1990, however, he paid the property taxes regulary and had a survey done of the property in 2002 because he had been approached by a developer who was interested in buying the property. He also has a aerial photograph of the property .(Dep. Jordy: 2:7-13).
Luz had many contacts with INAP during the later period of her life.(Dep. INAP: 1:31). She always took members of INAO out to the property to take pictures of the plants, birds,and animals on the land. (Dep. INAP: 2:9).
Then Luz was said to gave the land to NALP in her will. (Exhibit 1, Dep. INAP: 2:22). Luz became ill later in 1990, which caused her to become sentimental. (Dep. Jordy: 2:3). She gave her 200 acres of land to INAP in her will, and gave the executive director of INAP a copy of her will.(Dep. INAP: 2:22-23). When Luz died on May 6, 1995, INAP kept the land in its natural state as if the land belonged to it. They restrict access to the property by imitating who can enter the property, by posting sings all along the property’s boundary stating:”Keep off! Private Property.” (Dep. INAP: 2:25-31). In order to keep their promise to Luz to maintain the land in its natural state, INAP did not repair the old fence surrounded the property. (Dep. INAP: 2:33-39).
However, INAP did not stop using the property. (Dep. INAP: 2:41). After Luz’s death, they began to schedule regular, daylong tours in the property for the member of INAP. (Dep. INAP: 2:42). Jordy once received an advertisement from one of his friends living in Mullen. From the advertisement Jordy knew that INAP’s tours to the property. However, Jordy forgot about it due to the press of his medical practice. (Dep. Jordy: 2:24-28). The INAP has a caretaker living on the property for nine years. The caretaker is also a member of INAP and his main responsibilities were to spread wild birds seed, put out salt licks, pick up debris that blow onto the property and clear weeds from the graveyard. (Dep. INAP: 3:10-18). In this period , INAP never paid any taxes on the property. (Dep. INAP: 3:21).
Since 2003, Jordy had contacted a local real estate agent in Mullen to lease this property, he also allowed a local youth organization to use it as a summer camp. However, neither he leased the property nor the youth organization used the property. (Dep. Jordy: 2:15-22). During this period, Jordy kept paying taxes on the land. (Dep. Jordy: 2:9). In 2009, he contacted the same real estate agent to sell the land which was costing his money every year. (Dep. Jordy: 2:30). The real estate agent ran a notice of the sale in the Sands of Time. (Dep. Jordy: 2:32-33). INAP discovered the notice and contacted Jordy. After been told that Jordy owned the land and wanted to sell it, INAP insisted that the land belonged to it.(Dep. INAP: 3:24-28)
INAP sued Jordy seeking to quite title of the land. Jordy filed an answer denying the allegations in INAP’s complaint. Then INAP filed a motion for partial summary judgement.