S-19-0986 Douglas County School District No. 10, a/k/a The Elkhorn School District (Appellant) v. Tribedo, LLC (Condemnee/Appellee)
Douglas County District Court, Judge J. Russell Derr
Attorneys: Duncan A. Young, Jeff C. Miller, & Keith I. Kosaki (Young and White Law Office, for Appellant)--- Trenton P. Bausch, Adam W. Barney & Sydney M. Huss (Cline Williams Wright Johnson & Oldfather, LLP, for Appellee)
Civil: Condemnation; Fair market value; Damages; Jury instructions; Attorney fees
Proceedings Below: Appellant condemned land owned by Appellee. The jury returned a verdict in the amount of $4,625,967, consisting of the jury’s findings that 1) the fair market value of the taken land is $3,295,967, and 2) there was $1,330,000 in severance damages to the remaining property. The court granted Appellee’s post-trial motions for an award of interest and attorney fees. In addition to the jury verdict, the court’s final judgment awarded Appellee $590,924.89 in attorney and expert witness fees, $143,681.89 in pre-judgment interest, and post-judgment interest.
Issues: Whether the court erred in 1) overruling Appellant’s motions to strike Appellee’s evidence of itemized damages, because they do not prove the remaining property’s reduction in fair market value; 2) refusing Appellant’s tendered damages jury instruction; 3) overruling Appellant’s motion for new trial; 4) calculating Appellee’s attorney fees; and 5) whether the verdict is excessive.