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HEYE FARMS v. STATE, DEPT. OF ROADS

No. S-95-054.

558 N.W.2d 306 (1997)

251 Neb. 639

HEYE FARMS, INC., a Nebraska corporation, Appellee and Cross-Appellant, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

January 31, 1997.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and Robert G. Avey, Lincoln, for appellant.

Otto H. Wellensiek, of Wellensiek Law Offices, Syracuse, for appellee.

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

CAPORALE, Justice.

I. STATEMENT OF CASE

In this eminent domain action, the district court granted a new trial to the plaintiff-appellee condemnee, Heye Farms, Inc., which had obtained a verdict and judgment in its favor against the defendant-appellant condemner, State of Nebraska, Department of Roads, in the amount of $56,635. The State appealed to the Nebraska Court of Appeals, asserting that the district court abused its discretion in ordering a new trial...

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