BISHOP v. DEPARTMENT OF ROADS

No. 42689.

290 N.W.2d 193 (1980)

205 Neb. 760

A. M. BISHOP, Appellant, v. DEPARTMENT OF ROADS of the State of Nebraska, Appellee.

Supreme Court of Nebraska.

March 18, 1980.


Attorney(s) appearing for the Case

Clyde F. Starrett, McCook, for appellant.

Paul L. Douglas, Atty. Gen. and Robert G. Avey, Asst. Atty. Gen., Lincoln, for appellee.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ.


CLINTON, Justice.

This is an action by the appellant, A. M. Bishop, against the Department of Roads of the State of Nebraska, seeking a declaratory judgment that excess land was taken in an eminent domain proceeding. The answer of the State pled the action was barred by the statute of limitations. It also alleged that the action was barred under the doctrine of res judicata by reason of the prior award, appeal therefrom to the District Court, judgment entered, and...

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