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PINNACLE ENTERPRISES,INC. v. CITY OF PAPILLION

No. S-12-385.

836 N.W.2d 588 (2013)

286 Neb. 322

PINNACLE ENTERPRISES, INC., appellant and cross-appellee, v. CITY OF PAPILLION, a municipal corporation, appellee and cross-appellant.

Supreme Court of Nebraska.

Filed July 26, 2013.

Attorney(s) appearing for the Case

Paul F. Peters , P.C., L.L.O., for appellant.

Michael N. Schirber , of Schirber & Wagner, L.L.P., for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, McCORMACK, MILLER-LERMAN, and CASSEL, JJ.

CONNOLLY, J.

SUMMARY

The City of Papillion (City) condemned property owned by Pinnacle Enterprises, Inc. (Pinnacle), for the City's Schram Road project. The project connected various streets by building a new road and accompanying fixtures on Pinnacle's former property. Along with the road, the City built an iron fence on the north side of the new road, which abutted Pinnacle's remaining property. Pinnacle alleges that (1) the City lacked statutory authority...

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