Village of Hildreth, Nebraska v. Smallcomb

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A-22-0403, Village of Hildreth v.  Smallcomb (Appellant)

 Franklin County, District Court Judge Terri S. Harder

Attorney for Appellant:  Shon T. Lieske (Lieske, Lieske, & Ensz, P.C., L.L.O)

Attorney for Appellee: Douglas R. Walker

Civil Action: Injunction; Nuisance

Action Taken by Trial Court:   In July 2021, the Village of Hildreth filed a petition for an injunction to prohibit the Appellant from continuing to maintain nuisance conditions on three separate properties which conditions violated Village ordinances. The three properties were deemed to be nuisances by the Village Board of Health in 2018, which was subsequently affirmed by the Village Board of Trustees. The Appellant thereafter appealed the nuisance determination to the Franklin County District Court which affirmed the Board of Trustee’s in November 2019. The Appellant did not further appeal that decision. From November 2019 until July 2021, the Village alleged that the Appellant failed to abate the nuisance conditions and sought to permanently enjoin the Appellant from further violating the ordinances. The district court granted the injunction finding that the Appellant continued to maintain their properties in violation of the ordinances and had failed to make any appreciable improvements on the properties. The Appellant now appeals the district court’s order granting the Village’s petition for an injunction.

Assignments of Error on Appeal:  Appellant contends that the district court erred in (1) finding that the Appellants maintained the three tracts of land in violation of village ordinances 91.20(8), 91.20(9), and 91.24(D); (2) failing to consider evidence presented by the Appellant that all three tracts of land showed steady improvements during the timeframe alleged by the Village and that the tracts were not being maintained in violation of the above ordinances; and (3) granting a permanent injunction in favor of the Appellee.

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Moore, Bishop, and Welch, Judges