Harts v. County of Knox, Nebraska

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Harts v. County of Knox, Nebraska

Additional Case Names

10:15 am

Case Number
Call Date
November 6, 2020
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-20-0014 Pat Harts, Donna Poppe, Mardell Hochstein, Kelly Tramp, Sandee Zoucha, Allen Tramp, Carol Norris, Dale Tramp, and Mardell Hochstein, as attorney in fact for Bernadette Tramp v. The County of Knox (Appellant) v. Epic Land and Cattle, LLC (Appellant)

Knox County District Court, Judge Mark A. Johnson

Attorneys: Mark D. Fitzgerald (Fitgerald, Vetter, Temple, Bartell & Henderson, for Appellees) – John Thomas (Knox County Attorney, for Appellant, Knox County) -- Tracey Buettner (Stratton, DeLay, Doele, Carlson & Buettner, PC, LLO, for Appellant, Epic Land and Cattle, LLC)

Civil: Conditional use permit

Proceedings Below: The district court determined that the doctrine of estoppel by deed did not prevent the Appellees from claiming that an impact easement signed only by their mother, Bernadette Tramp, and in favor of a neighbor’s adjoining feedlot land was invalid. The district court also decided that Appellees never ratified the impact easement executed by their mother. The district court vacated the decision of the board of supervisors granting the conditional use permit.

Issues: The issues restated on appeal are whether the district court erred when it 1) decided the Plaintiffs did not receive the property subject to easements and restriction of record; 2) decided the whole interest in real estate was not subject to the easement; and 3) did not take into account the inequities of overturning the Knox County Board of Supervisor’s grant of the permit.

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