TransCanada Keystone Pipeline, LP v. Tanderup

S-19-0493) TransCanada Keystone Pipeline, LP (Appellant) v. Tanderup et al. (Appellees)

Attorneys: James G. Powers, Patrick D. Pepper (McGrath North Mullin & Kratz); David A. Domina, Brian E. Jorde (Domina Law Group)

Judge James A. Kube, Antelope County District Court

Civil: Attorneys’ Fees

Proceedings Below: Landowners moved for attorneys’ fees after TransCanada voluntarily dismissed its eminent domain proceedings. The county court awarded landowners’ attorneys’ fees. TransCanada appealed to the district court, which reversed and remanded to the county court for an evidentiary hearing. The county court issued an order to show cause why rehearing should not be set or motion dismissed in light of TransCanada Keystone Pipeline v. Nicholas Family, 299 Neb. 276, 908 N.W.2d 60 (2018). After a preliminary hearing, the county court vacated its previous award and dismissed the motion. Landowners appealed to the district court and, again, the district court reversed and remanded to the county court for an evidentiary hearing.  

Issues:  The district court erred in (1) holding that it was plain error for the county court to not hold a new evidentiary hearing, (2) failing to consider the impact of the parties stipulation that the cases are closely associated with Nicholas Family, (3) holding that the county court lacked discretion to limit landowners testimony to matters within the scope of previously submitted affidavits, and (4) holding that the county court’s decision denying landowners motion was plainly erroneous.