Buck's, Inc. v. QuikTrip Corporation

Filing 108

ORDER QUIETING TITLE - The Lis Pendens filed with the Sarpy County Register of Deeds is hereby cancelled and Buck's should immediately take all necessary steps to remove the Lis Pendens from the property records. QuikTrip owns the Property free and clear of all encumbrances and holds exclusive right to the use and benefit from the Property. Ordered by Judge John M. Gerrard. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BUCK'S, INC., A NEBRASKA
CORPORATION,
8:15-CV-340
Plaintiff and
Counterclaim
Defendant,
vs.

ORDER QUIETING TITLE

QUIKTRIP CORPORATION, AN
OKLAHOMA CORPORATION,
Defendant and
Counterclaimant.
This matter is before the Court following trial on Buck's, Inc.'s claim for
tortious interference with a business expectancy and for a constructive trust,
and QuikTrip Corporation's counterclaim to quiet title. See filing 78. A jury
trial was had on Buck's tort claim, and Buck's constructive trust claim and
QuikTrip's quiet title claim were tried to the Court. See InCompass IT, Inc. v.
XO Commc'ns Servs., Inc., 719 F.3d 891, 895–96 (8th Cir. 2013).
The litigation concerned property located at Interstate 80 and Highway
370 (the Property), legally described as follows:
The land referred to is situated in the State of Nebraska, County
of Sarpy and is described as follows:
A tract of land located in part of the Southeast Quarter of the
Southeast Quarter of Section 27, Township 14 North, Range 11
East of the 6th P.M., Sarpy County, Nebraska, more particularly
described as follows: Beginning at a point which is South 89
degrees 40'00'' West, 1167.13 feet and North 0 degrees, 36'00",
87.72 feet from the Southeast corner of the Southeast Quarter of
said Section 27, said point being the point of intersection of the
North right of way line of Highway No. 370 and the East line of
the frontage road; thence North 0 degrees 36'00" West, 215.31
feet; thence North 89 degrees 24'00" East, 202.50 feet; thence
South 0 degrees 36'00" East, 215.52 feet to a point on the North

right of way line of Highway No. 370; thence South 89 degrees
27'30" West on said North right of way line 202.50 to the point of
beginning. (The South line of said Southeast Quarter of Section
27 assumed South 89 degrees 40'00" West in direction.) (Also
known as Tax Lot 6);
and
A tract of land located in part of the Southeast Quarter of the
Southeast Quarter of Section 27, Township 14 North, Range 11
East of the 6th P.M., Sarpy County, Nebraska, more particularly
described as follows: Beginning at a point 965.22 feet South 89
degrees 40'00" West of and 88.50 feet North 0 degrees 20'00"
West of the Southeast corner of the said SE ¼ of Section 27, said
point being in the North R.O.W. line of State Highway #370;
thence North 89 degrees 27'30" East along the said North R.O.W.
line, 203.4 feet to a point on the Westerly R.O.W. line of
Interstate Highway #80; thence North 29 degrees 27'30" East
along said Westerly R.O.W. line, 107.95 feet to a point of curve;
thence Northeasterly along the said Westerly R.O.W. line on a
curve to the right (radius being 864.00) feet for an arc distance of
149.38 feet; thence South 89 degrees 24'00" West, 342.93 feet;
thence South 0 degrees 36'00" East, 215.52 feet to the point of
beginning. (The South line of said SE ¼ of Section 27 assumed
South 89 degrees 40'00" West in direction.) (Also known as Tax
Lots 4B & 5 and to be known as Tax Lot 14).
and
Lot 1, Murray Sapp, a subdivision in Sarpy County, Nebraska.
Nebraska Revised Statute § 25-21,112 governs actions to quiet title:
[a]n action may be brought and prosecuted to final decree,
judgment or order, by any person . . . claiming title to, or an
estate in real estate against any person or persons who claim . . .
[an] interest therein, for the purpose of determining such estate,
or interest, canceling unenforceable liens, or claims against, or
which appear to be against said real estate, and quieting the title
to real estate.

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The jury returned a verdict in favor of QuikTrip on Buck's tort claim, and the
Court has separately dismissed Buck's constructive trust claim. The Court
now finds, consistent with the jury's verdict, that Buck's has no real or
claimed interest in the Property as a matter of law. Pursuant to the Court's
Order of February 10, 2017 (filing 103), the Court hereby quiets title to the
Property in QuikTrip.
IT IS ORDERED:
1.

The Lis Pendens filed with the Sarpy County Register of
Deeds is hereby cancelled and Buck's should immediately
take all necessary steps to remove the Lis Pendens from
the property records.

2.

QuikTrip owns the Property free and clear of all
encumbrances and holds exclusive right to the use and
benefit from the Property.

Dated this 13th day of March, 2017.
BY THE COURT:

John M. Gerrard
United States District Judge

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