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KIMCO ADDITION v. LOWER PLATTE SO. N.R.D

No. 87-1035.

440 N.W.2d 456 (1989)

232 Neb. 289

KIMCO ADDITION, INC., Appellant, v. LOWER PLATTE SOUTH NATURAL RESOURCES DISTRICT, A Political Subdivision, Appellee.

Supreme Court of Nebraska.

May 26, 1989.

Attorney(s) appearing for the Case

William G. Blake, of Pierson, Fitchett, Hunzeker, Blake & Loftis, Lincoln, for appellant.

Steven G. Seglin, of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellee.

BOSLAUGH, CAPORALE, and GRANT, JJ., and SPRAGUE and MULLEN, District Judges.

CAPORALE, Justice.

In this inverse condemnation action, plaintiff-appellant, Kimco Addition, Inc., seeks damages for the expanded portion of an easement defendant-appellee, Lower Platte South Natural Resources District, exercises through a tract of land Kimco owns. The district court overruled Kimco's motion for summary judgment on the sole issue of its entitlement to damages, and sustained Lower Platte's motion for summary judgment, thereby dismissing Kimco's petition...

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