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CITY OF HASTINGS v. PETER ELLIS FARMS, INC.

No. 82-809.

344 N.W.2d 640 (1984)

216 Neb. 550

CITY OF HASTINGS, Nebraska, a municipal corporation, Appellant, v. PETER ELLIS FARMS, INC., a corporation, et al., Appellees.

Supreme Court of Nebraska.

February 24, 1984.

Attorney(s) appearing for the Case

Michael E. Sullivan, Hastings, for appellant.

Conway & Connolly, P.C., Hastings, for appellees.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

WHITE, Justice.

This is an eminent domain proceeding in which appellant, City of Hastings, Nebraska, took fee title to .375 acres of a 5.85-acre tract of land owned by three corporations. The entire tract is subject to a lease of which K mart Corporation is the tenant. The purpose of the taking was for road and utility construction at the intersection of Second Street and Marian Road in Hastings.

The appraisers in the county court fixed the combined value...

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