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McARTHUR v. PAPIO-MISSOURI RIVER DISTRICT

No. S-94-191.

547 N.W.2d 716 (1996)

250 Neb. 96

Mabel F. McARTHUR and Denning D. McArthur, Jr., Trustees, et al., Appellees, v. PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, Appellant.

Supreme Court of Nebraska.

May 24, 1996.

Attorney(s) appearing for the Case

Paul F. Peters and Kathleen C. Vance, of Schmid, Mooney & Frederick, P.C., Omaha, for appellant.

Tyler B. Gaines, of Gaines, Mullen, Pansing & Hogan, Omaha, for appellees.

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

FAHRNBRUCH, Justice.

In this condemnation action, Papio-Missouri River Natural Resources District (NRD), the condemner, appeals from a jury verdict in favor of the condemnee owners, Mabel F. McArthur and Denning D. McArthur, Jr., et al. The jury awarded the condemnees $135,146 as compensation for the taking of a 61.43 acre tract in Washington County.

We reverse the judgment of the trial court and remand the cause for a new trial because the trial court abused...

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