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ENGELHAUPT v. VILLAGE OF BUTTE

No. S-95-425.

539 N.W.2d 430 (1995)

248 Neb. 827

Alphons M. ENGELHAUPT and Laurina E. Engelhaupt, Appellees, v. VILLAGE OF BUTTE, Nebraska, Appellant.

Supreme Court of Nebraska.

November 17, 1995.

Attorney(s) appearing for the Case

Gary J. Nedved, of Bruckner, O'Gara, Keating, Hendry, Davis & Nedved, P.C., Lincoln, for appellant.

Shelley A. Horak, of Baron, Sar, Goodwin, Gill, Lohr & Horak, Sioux City, for appellees.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

CAPORALE, Justice.

Finding, among other things, that the defendant-appellant condemner, Village of Butte, sought to take more land than it presently required for the expansion of its water system, the district court, on the petition of the plaintiffs-appellees condemnees, Alphons M. Engelhaupt and Laurina E. Engelhaupt, entered a decree enjoining the village from acquiring the portion of the Engelhaupts' land it sought. Asserting a number of errors, including that...

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