O'Connor v. Kearny Junction LLC

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O'Connor v. Kearny Junction LLC

Case Number
Call Date
January 3, 2017
Court Number
Case Summary

S-16-0230 Raymond J. O'Connor and Jennifer S. O'Connor v. Kearny Junction LLC (Appellant)

Buffalo County District Court, Judge Mark J. Young

Attorneys: Arend R. Baack (Leininger, Smith, Johnson, Baack, Placzek & Allen) --- Kenneth F. George & Luke M. Simpson (Ross, Schroeder & George, LLC) (Appellant)

Civil: Real Property

Proceedings below: Following a trial, the district court entered an order in favor of the O'Connors finding they had duly exercised their purchase option as a matter of right and found they were entitled to damages in the amount of $135,426.00, plus costs. Appellant filed a Petition to Bypass which was granted by the Nebraska Supreme Court.

Issues: The district court erred in 1) finding the O'Connors had duly exercised the purchase option 'as a matter of right,' 2) finding that under the law of the case doctrine the O'Connors had a right to exercise the option 'as a matter of law,' and 3) awarding damages of $135,426.00, plus costs.