S-12-0266, Gary M. Peterson and Cheryl A. Peterson (Appellants) v. City of Blair, Nebraska, for and on Behalf of the Airport Authority of the City of Blair, Nebraska
Washington County, Judge Mary C. Gilbride
Attorneys: Jason Bruno (Sherrets Bruno & Vogt LLC) (Appellant) --- Clarence E. Mock, Denise E. Frost (Johnson & Mock) (Appellees)
Civil: Condemnation; Writ of Assistance; Application for Temporary Injunction
Proceedings below: The court granted the City a Writ of Assistance ordering the Sheriff to evict the Appellants and denied the Application for a Temporary Injunction. The Court of Appeals dismissed the appeal under Neb. Ct. R. App. P. § 2-107(A)(2) for lack of a final, appealable order. Appellants filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues on Review: The Court of Appeals erred by declining to grant immediate appellate review of a Writ of Assistance directing the sheriff to immediately remove the Appellants from their home and business by whatever force deemed necessary.