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VILLAGE OF MEMPHIS v. FRAHM

No. S-13-273.

843 N.W.2d 608 (2014)

287 Neb. 427

VILLAGE OF MEMPHIS, Nebraska, a political subdivision, appellee, v. Roger FRAHM and Marcia Frahm, husband and wife, appellants.

Supreme Court of Nebraska.

Filed February 14, 2014.

Attorney(s) appearing for the Case

Robert M. Sullivan , of Sullivan Shoemaker, P.C., L.L.O., for appellants.

Damien J. Wright , of Welch Law Firm, P.C., for appellee.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

Cassel, J.

INTRODUCTION

If a public entity initiates condemnation proceedings without negotiating in good faith with the property owner, a statute mandates that the owner be allowed attorney fees upon an appeal to the district court.1 In this appeal, we must determine how this statute applies where the property owner initiates an inverse condemnation proceeding with a county judge and the public entity appeals to the district...

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