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IN RE SID NO. 384 OF DOUGLAS COUNTY

No. S-99-904.

609 N.W.2d 679 (2000)

259 Neb. 351

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 and cross-appellant, v. Bruhns Packing Company, appellant and cross-appellee, and Bank of Elkhorn et al., appellees.

Supreme Court of Nebraska.

April 27, 2000.

Attorney(s) appearing for the Case

Gregory C. Scaglione and Julie A. Schultz, of Koley, Jessen, Daubman & Rupiper, P.C., Omaha, for appellant.

David L. Welch and Lisa M. Meyer, 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

Bruhns Packing Company (BPC) appeals from an eminent domain award in the amount of $40,000. BPC asserts that it was not properly compensated for the taking of its land for public use because it was not allowed to introduce evidence regarding the loss of trees and grasses resulting from the condemnation.

SCOPE OF REVIEW

In proceedings where the Nebraska Evidence Rules apply, the admissibility of evidence is controlled...

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