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IN RE APPLICATION OF SID NO. 384

No. S-97-1076.

589 N.W.2d 542 (1999)

256 Neb. 299

In re APPLICATION OF SANITARY AND IMPROVEMENT DISTRICT NO. 384 OF DOUGLAS COUNTY, NEBRASKA, to certain easements in Douglas County, Nebraska, by eminent domain to be owned and used by condemnor for its corporate purposes. Sanitary and Improvement District No. 384 of Douglas County, Nebraska, appellee, v. Bruhns Packing Company, appellant, and Bank of Elkhorn et al., appellees.

Supreme Court of Nebraska.

February 26, 1999.

Attorney(s) appearing for the Case

Gregory C. Scaglione and Amy B. Blumenthal, of Koley, Jessen, Daubman & Rupiper, P.C., Omaha, for appellant.

David L. Welch, of Gaines, Mullen, Pansing & Hogan, Omaha, for appellee SID No. 384.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

The landowner, Bruhns Packing Company (BPC), argues that the compensation it received for a temporary and permanent easement was inadequate because it was not allowed to introduce evidence concerning the loss of vegetation located on the condemned land and because the jury was specifically instructed to disregard any possible value such vegetation might have added to the fair market value of the land.

After trial, BPC filed...

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