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Village of Memphis v. Frahm

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Date: 
Monday, December 2, 2013

S-13-0273, Village of Memphis v. Roger Frahm and Marcia Frahm (Appellants)

Saunders County, Judge Mary C. Gilbride.

Attorneys:         Robert M. Sullivan (Sullivan Shoemaker, P.C., L.L.O.) (Appellants) --- Damien J. Wright (Welch Law Firm, P.C.) (Appellee).

Civil:     Inverse Condemnation

Proceedings Below:      Following partial summary judgment in the Village’s favor, the parties settled.  The Village agreed to pay certain damages in exchange for the Frahms’ release of all claims against the Village and acknowledgement that the contested easement was valid.  The release had one exception: it allowed the Frahms to move for attorneys’ fees under Neb. Rev. Stat. § 76-720 (Reissue 2009). The district court accepted the settlement agreement and concluded that no fees were warranted.

Issues: The trial court erred in (1) failing to find that the Village abandoned the easement because it did not timely record the easement or produce a copy of the easement for the Frahms; (2) finding that the Frahms were not bona fide purchasers without notice of the easement; (3) finding that the Frahms learned of the easement before they purchased the property; (4) finding that the Frahms purchased the property subject to the easement; (5) finding that the property was servient to the easement; (6) finding that the Frahms were not entitled to compensation for the easement; (7) denying their motion for attorney fees and costs and (8) finding that the Frahms had waived any claim under Neb. Rev. Stat. § 76-726(2) (Reissue 2009) for attorneys’ fees and costs.

 

 

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