S-13-0239, SourceGas Distribution LLC (Appellant) v. City of Hastings obo Board of Public Works
Adams County, Hon. Stephen R. Illingworth
Civil: Nebraska Municipal Gas System Condemnation Act; statutory interpretation
Attorneys: Russell Westerhold, Stephen Bruckner, Jordan Adam (Fraser Stryker) and Timothy Knapp for SourceGas--- Michael Sullivan (Sullivan Shoemaker)
Proceedings Below: The City of Hastings filed a petition to condemn, under Chapter 76, certain property of SourceGas used to provide gas services an area recently annexed by Hastings. SourceGas argued that the condemnation should proceed under Chapter 19, the Nebraska Municipal Gas System Condemnation Act. The district court found that the condemnation in question fell under an exception set forth in that act, § 19-4626(2), and that the general procedures under chapter 76 were appropriate. SourceGas's request for an injunction was denied.
Issues on Appeal: whether Hastings' proposed condemnation was excepted from the Nebraska Municipal Gas System Condemnation Act by the provisions of § 19-4626(2).