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CITY OF WAVERLY v. HEDRICK

No. S-11-333.

810 N.W.2d 706 (2012)

283 Neb. 464

CITY OF WAVERLY, Nebraska, appellee, v. Richard M. HEDRICK, appellant.

Supreme Court of Nebraska.

March 9, 2012.

Attorney(s) appearing for the Case

Donald J. Pepperl , P.C., L.L.O., for appellant.

Mark A. Fahleson and David J.A. Bargen , of Rembolt Ludtke, L.L.P., Lincoln, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

NATURE OF CASE

McCORMACK, J.

This case concerns a city's preexisting lien on land eventually condemned and whether the city can file a motion in either county or district court for setoff of the lien amount from the condemnation award. The landowner argues that the city must condemn the lien, as well as the subject property, in order to claim the land in condemnation proceedings. The landowner also argues that...

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