WESTGATE REC. v. PAPIO-MISSOURI RIVER NRD

No. S-94-273.

547 N.W.2d 484 (1996)

250 Neb. 10

WESTGATE RECREATION ASSOCIATION, Appellee, v. PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, Appellant.

Supreme Court of Nebraska.

May 10, 1996.


Attorney(s) appearing for the Case

Paul F. Peters, of Schmid, Mooney & Frederick, Omaha, for appellant.

James D. Sherrets and David A. Jarecke, of Sherrets, Smith & Gardner, P.C., Omaha, for appellee.

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


CAPORALE, Justice.

I. STATEMENT OF CASE

This is a condemnation action in which the trial court, pursuant to verdict, entered judgment in the amount of $435,000 in favor of the plaintiff-appellee condemnee, Westgate Recreation Association. In appealing to the Nebraska Court of Appeals, the defendant-appellant condemner, Papio-Missouri River Natural Resources District, assigned a number of errors to the trial court, including that it (1) incorrectly struck...

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