TransCanada Keystone Pipeline, LP v. Steskal
TransCanada Keystone Pipeline, LP v. Milliron Ranch Corporation
TransCanada Keystone Pipeline, LP v. Smith
TransCanada Keystone Pipeline, LP v. Miller
TransCanada Keystone Pipeline, LP v. Cleary
TransCanada Keystone Pipeline, LP v. Ramold
TransCanada Keystone Pipeline, LP v. Troester
TransCanada Keystone Pipeline, LP v. Kilmurry
TransCanada Keystone Pipeline, LP v. Hipke
TransCanada Keystone Pipeline, LP v. Kilmurry
TransCanada Keystone Pipeline, LP v. Breiner
TransCanada Keystone Pipeline, LP v. TMAG Ranch, LLC
TransCanada Keystone Pipeline, LP v. Miller
TransCanada Keystone Pipeline, LP v. Peterson
TransCanada Keystone Pipeline, LP v. LJM Farms, LLC
TransCanada Keystone Pipeline, LP v. Hipke
TransCanada Keystone Pipeline, LP v. Crumly
S-17-0116) TRANSCANADA KEYSTONE PIPELINE, LP (Appellant) v.
NICHOLAS FAMILY L.P., et al. – Case No. S-17-116
RICHARD J. PONGRATZ, et al. – Case No. S-17-117
BYRON TERRY STESKAL, et al. – Case No. S-17-118
MILLIRON RANCH CORPORATION, et al – Case No. S-17-119
VERDON L. SMITH, et al. – Case No. S-17-120
EARL R. MILLER, et al. – Case No. S-17-121
LARRY D. CLEARY, Trustee, Irene Cleary Trust Agreement, et al. – Case No. S-17-122
CONSTANCE RAMOLD, et al. – Case No. S-17-123
SHARYN TROESTER, et al. – Case No. S-17-124
RICHARD M. KILMURRY, et al. – Case No. S-17-125
LLOYD Z. HIPKE, et al. – Case No. S-17-126
ROSEMARY KILMURRY, et al. – Case No. S-17-127
L.A. BREINER, et al. – Case No. S-17-128
TMAG RANCH, LLC, et al. – Case No. S-17-129
GLEN A. MILLER, et al. – Case No. S-17-130
TIMOTHY C. PETERSON, et al. – Case No. S-17-131
LJM FARMS, LLC – Case No. S-17-132
R.W. HIPKE, et al. – Case No. S-17-133
RONALD C. CRUMLY, et al. – Case No. S-17-134
Holt County, Judge Mark D. Kozisek
Attorneys: James G. Powers, Patrick D. Pepper (McGrath North Mullin & Kratz PCLLO) (for Appellant) --- David A. Domina, Brian E. Jorde (Domina Law Group pcllo) (Appellees/Cross-Appellants)
Civil: Eminent domain proceedings; attorney fees and costs
Proceedings below: TransCanada Keystone Pipeline, LP (“Keystone”) initiated eminent domain proceedings to acquire property interests regarding the Keystone XL interstate pipeline, but voluntarily dismissed the proceedings in 2015. The Appellees (“Landowners”) filed motions requesting awards of attorney fees and costs pursuant to Neb. Rev. Stat. § 76-726. The county court granted the motions and awarded attorney fees and costs. Keystone appealed to the district court. The district court reversed the award and remanded the cases back to the county court for further proceedings. Keystone appealed and these appeals were moved to the Nebraska Supreme Court pursuant to Neb. Rev. Stat. § 24-1106(3).
Issues: 1. The District Court erred in finding Keystone waived its hearsay objections to the Landowners’ affidavits and holding the County Court did not commit reversible error by receiving those affidavits into evidence. 2. The District Court erred in remanding the cases to the County Court for further proceedings on the amount of attorney fees and costs the Landowners actually incurred because of the condemnation proceedings.
Cross-Appeal by Landowners: 1. The district court erred when it failed to affirm the county court and uphold the award to each Appellee because all elements required to recover fees and costs under Neb. Rev. Stat. § 6-726 were established. 2. The district court erred by holding there was insufficient evidence that landowners actually incurred the fees found reasonable and due by the county court. 3. The district court erred by holding that an application for statutory attorney’s fees under § 76-726 requires evidence of legal fees actually “paid” where the evidence proves the sums have been incurred. 4. The district court erred when it held an affidavit evidence received by the county court was hearsay.