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CITY OF GORDON v. RUSE

No. S-03-624.

687 N.W.2d 182 (2004)

268 Neb. 686

CITY OF GORDON, Nebraska, appellee, v. Marshall D. RUSE and Hazel B. Ruse, husband and wife, appellants, and Kansas Nebraska Natural Gas Company, Inc., et al., appellees.

Supreme Court of Nebraska.

October 8, 2004.

Attorney(s) appearing for the Case

Patrick M. Connealy, of Crites, Shaffer, Connealy, Watson & Harford, Chadron, and Donald G. Blankenau, of Fennemore Craig, P.C., for appellants.

John F. Simmons and Howard P. Olsen, Jr., of Simmons Olsen Law Firm, P.C., Scottsbluff, for appellee City of Gordon.

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

STEPHAN, J.

In 2002, the City of Gordon abandoned proceedings it had instituted in the county court for Sheridan County to acquire by condemnation certain real property owned by Marshall D. Ruse and Hazel B. Ruse. The Ruses sought recovery of certain fees and costs pursuant to Neb.Rev.Stat. § 76-726(1) (Reissue 2003). The county court awarded the Ruses $1,500 in attorney fees but held that it lacked statutory authority to award other fees and expenses which they...

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