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GREATER OMAHA REALTY CO. v. CITY OF OMAHA

Nos. S-98-545, S-98-546.

605 N.W.2d 472 (2000)

258 Neb. 714

GREATER OMAHA REALTY COMPANY, a Nebraska corporation, appellant v. CITY OF OMAHA, Nebraska, a municipal corporation, et al., appellees. David L. Davis, appellant, v. City of Omaha, Nebraska, a municipal corporation, et al., appellees.

Supreme Court of Nebraska.

February 4, 2000.

Attorney(s) appearing for the Case

Tyler B. Gaines, of Gaines, Mullen, Pansing & Hogan, Omaha, for appellants Greater Omaha Realty Company and David L. Davis.

Michael J. Mills and Jill A. Vinjamuri, of Kutak Rock, Omaha, for appellee First National Bank of Omaha.

John E. Hubbard and Trenten P. Bausch, of Blackwell Sanders Peper Martin, Omaha, for appellee Jayhawk, L.L.C.

Paul Kratz, Omaha City Attorney, Bernard J. in den Bosch, and Charles K. Bunger, Omaha, for appellee City of Omaha.

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

GERRARD, J.

INTRODUCTION

The appellees, City of Omaha, Nebraska (City), First National Bank of Omaha, and Jayhawk, L.L.C., were parties to an agreement concerning the redevelopment of certain downtown Omaha properties. The appellants, Greater Omaha Realty Company (Greater Omaha) and David L. Davis, owned property subject to this proposed plan. Using its power of eminent domain, the City filed a petition to condemn...

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