S-13-0720, James Tierney and Jeffrey Tierney (Appellants) v. Four H Land Company Limited Partnership; Western Engineering Company, Inc.; Frank Aloi, Trustee of the Aloi Living Trust; and Aloi Living Trust
Lincoln County, Judge William T. Wright
Attorneys: James J. Paloucek (Norman Paloucek & Herman) (Appellants) --- Jay C. Elliott (Elliott Law Offices PCLLO) (for Appellees Four H Land Company Limited Partnership and Western Engineering Company, Inc.) --- David W. Pederson (Pederson Law Office) and Lou Jungbauer (Yaeger Jungbauer & Barczak) (for Appellees Frank Aloi, Trustee and Aloi Living Trust)
Civil: Equity; Specific performance; contract; enforcement of a conditional use permit
Proceedings below: This case was previously before the Supreme Court. See Tierney v. Four H Land Co. Ltd. Partnership, 281 Neb. 658 (2011). The trial court dismissed the Plaintiffs’/Appellants’ Complaint for Specific Performance against the Defendants.
Issues: The trial court erred in (1) failing to order performance of the agreement and the requirements of the conditional use permit by imposing a heightened burden; (2) failing to order performance of the agreement and the requirements of the conditional use permit by applying a comparison of benefits and burdens of a decree of specific performance; (3) failing to order performance of the requirements of the conditional use permit thereby allowing a condition to exist on the subject property which violates a condition of the conditional use permit and applicable county zoning regulations; (4) deciding the case on matters outside the parameters of the Amended Pretrial Order for Non-Jury Cases.