Estermann v. Bose

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Estermann v. Bose

Case Number
Call Date
December 7, 2016
Court Number
Case Summary

S-15-1022, J. Daniel Estermann [appellant] v. Bill Bose, Brad Randel, Jerry Weaver, Terry Martin, N-CORPE, a Political Subdivision of the State of Nebraska; Jeffrey Bain, Kent Florom, and Michael Nozicka, Appraisers appointed by the County Court of Lincoln County [appellees]

District Court of Lincoln County, Honorable Richard Birch

Attorneys: Amy M. Svoboda of Svoboda Law Office and George G. Vinton for appellant; Donald G. Blankenau and Vanessa A. Silke of Blankenau Wilmoth Jarecke LLP for appellees

Civil: Flowage and Right of Way Easement.

Proceedings below: Appellant sought an injunction and a restraining order. The district court denied both, granting summary judgment to Appellees.

Issues: 1. The Court erred in ruling that N-CORPE has eminent domain power.

2. The Court erred in ruling that Estermann did not have standing.

3. The Court erred in failing to rule that Nebraska common law prohibits N-CORPE from removing ground water from its overlying land.

4. The Court erred in ruling that Estermann was not in the appropriate forum to contest NCORPE's lack of permits and approvals under ' 76-704.01(7).

5. The Court erred in not ruling that permits and approvals required by state law, NRD regulations and federal law had to be obtained and set forth in writing in N-CORPE's Amended Petition to Condemn pursuant to ' 76-704.01(7) before N-CORPE could proceed in eminent domain.

6. The Court erred in failing to rule that Lincoln County Court did not have jurisdiction over NCORPE's Amended Petition to Condemn.

7. The Court erred in failing to find there were material issues of fact as to whether or not NCORPE's condemnation action was for a public or private use.

8. The Court erred in failing to grant Estermann's Motion to Amend his Complaint for Injunction.