Dietz v. City of Hastings

S-11-0715, Timothy Dietz (Appellant) v. City of Hastings d/b/a Community Redevelopment Authority (Appellee)

Adams County, Judges Terri S. Harder and Stephen R. Illingsworth

Attorneys: Jason M. Bruno, Thomas D. Prickett, Gwendolyn E. Olney, Sherrets, Bruno & Vogt LLC (Appellant) --- Robert M. Sullivan, Hastings City Attorney (Appellee)

Civil: inverse condemnation proceeding

Proceedings below:     The county court denied Timothy Dietz’s request to appoint a board of appraisers under Neb. Rev. Stat. § 76-706.  Dietz appealed to the district court, which refused to issue a writ of mandamus requiring the county court to appoint a board of appraisers.  The district court later affirmed the county court’s refusal to appoint appraisers. 

Issues: The issues raised in Dietz’s brief are (1) whether the county court erred in refusing to appoint appraisers, and whether the district court erred in affirming that refusal; and (2) whether the district court erred in failing to issue a writ of mandamus.  The City raises several jurisdictional issues: (1) whether the county court’s order refusing to appoint appraisers was a final, appealable order; (2) whether the county court had jurisdiction to appoint appraisers if Dietz lacked standing, or if Dietz’s claim was time-barred or barred under principles of res judicata; and (3) whether Dietz failed to timely appeal the district court’s denial of his petition for a writ of mandamus.