City of Papillion v. Pinnacle Enterprises, Inc.

S-12-0385, City of Papillion v. Pinnacle Enterprises, Inc. (Appellant)

Sarpy County, Judge Daniel E. Bryan, Jr.

Attorneys: Paul F. Peters (Appellant) --- Michael N. Schirber (Schirber & Wagner, LLP)  

Civil: Condemnation proceedings; costs and fees

Proceedings below: The district court found there had been only one eminent domain taking and awarded attorney fees, court costs, and expert witness fees to Pinnacle.

Issues: The trial court erred in (1) overruling Pinnacle’s motion for declaration that the City’s construction of the Road Fence Project was unlawful as contrary to Neb. Rev. Stat. § 19-709; (2) overruling Pinnacle’s motion that sought a declaration that construction of the Fence Project in the right of way previously acquired was a second taking.

Cross-Appeal: The trial court erred in (1) adding pre-judgment interest under Neb. Rev. Stat. § 76-711 to the jury verdict to find Appellant had exceeded the Offer to Confess Judgment in the amount of $500,000 by a sum greater than 15% and erred in allowing attorney fees, court costs, interests and other fees; (2) awarding Condemnee interest under Neb. Rev. Stat. § 76-711 for the reason the Condemnee did not obtain a greater amount that the Offer to Confess Judgment filed by Appellee.