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81004019
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Last modified
1/14/2010 6:08:35 PM
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1/14/2010 6:08:13 PM
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DEEDS
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81004019
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- .. ~ ~. <br />That liens purporting to be °comawn law liens" r~~!re filed by the <br />~__ resp~.-ndent lienors with the respondent registers of deeds in their <br />respective counties upon real estate owned by public officials and others <br />wfiich real estate was never in the possession of the respondent lienors at <br />the time they filed the liens. <br />The basis for these liens ryas alleged damages for alleged violations of <br />the rights of the respondent lienars. <br />-That the purported "ccHnm©n }aw liens" so filed against real property by <br />the respondent lienors are invalid, null and void ab initio with no force or <br />effect under the laws of the State of Nebraska. <br />The improvident filing of such "corsaxyn law liens" against real property <br />hinders and obstructs the personal security of citizens of this state and <br />the reliability of the official books and records kept by the registers of <br />deeds and county clerics in their respective counties. The public confidence <br />in sucfi records is eroded by the filing of invalid instruments affecting <br />real property and is injurious to the integrity of the legal system, the <br />welfare of Lhe Citizenry. and the public confidence in public records. <br />The filing a# such invalid "comaron law liens" can affect the <br />performance of duty of tfie public officials against whom such liens may be <br />filed in the future. <br />There exists a present actual controversy with regard tU such purparted <br />icon law liens for vctiich heress ncs adequate remedy at Saw. The <br />rala~tar has a clear right to prevail and those persons against who liens <br />have been and will be filed will suffer irreparable harm by the cant~nued <br />illegal appearance of encumbrance upon their rest property. <br />The relator is entitled to judg¢+ent as a matter of law upon the <br />evidence beforeā¢this eourt. <br />T3-e relator is further entitled to an injunction against the <br />respondents. Margory Y. 6lamberg, Robert E. @lomberg, Jr., Thomas f. <br />FMeAri~, Donna 5. Piehring, and tarry Jones restraining and prohibiting them <br />?~~ th of the from filing further purported "common law liens" purporting <br />affect any rea3 property in the State of ~+ebraska and requiring each cf <br />tit ~ saute a release for eaeh of the purparted "common law liens," the <br />slit of tit§3 suit a5 found in the relator's petition, within ten days of <br />entry oaf this judga»ttnit or to subaect th~nselves to the previsions of <br />i.~v.Stat. X52-2Ia (ileissue 298) and toniempt of court. <br />
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