S-24-0357 County of Hayes, Nebraska, A Political Subdivision of the State of Nebraska (Appellant) v. Frontier County, Nebraska Board of Commissioners and County of Frontier, Nebraska, A Political subdivision of the State of Nebraska (Appellees)
Appeal from the District Court for Frontier County, Judge Matthew D. Neher
Attorneys: D. Eugene Garner (Hayes County Attorney for Appellant) and Stephen D. Mossman and Andrew R. Spader (Mattson Rickets Law Firm, LLP for Appellee) and Whitney A. Schroeder (Fronter County Attorney for Appellee)
Civil: Petition in error
Proceedings Below: Appellant filed a petition in error seeking reimbursement for half the cost to repair a bridge that is located on the Hayes County and Frontier County line. The district court determined that the Frontier County Board of Commissioners’ denial of the reimbursement was appropriate. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The district court erred in finding that there was no proof sufficient to locate the bridge for application of Neb. Rev. Stat. § 39-827; 2) The district court erred in disregarding judicial admissions contained in the pleadings; 3) The district court erred in finding that the Frontier County Board of Commissioners’ denial of Appellant’s claim was appropriate; and 4) The district court erred in denying and dismissing Appellant’s petition in error.