A-20-597, Meints v. Village of Diller (Appellant)
Jefferson County, District Court Judge Vicky L. Johnson
Attorney for Appellant: Thomas J. Culhane, Matthew B. Reilly (Erickson/Sederstrom P.C., L.L.O)
Attorney for Appellee: Terry K. Barber (Barber & Barber, P.C., L.L.O.)
Civil Action: Petition in Error/Inverse Condemnation
Action Taken by Trial Court: More than 2 years after Meints’ property was declared a nuisance and the nuisance was remedied, Meints filed a complaint in county court alleging a governmental taking and requesting damages, a declaratory judgment, and injunctive relief. The county court found that a petition in error was Meints’ exclusive remedy and, because the district court holds exclusive jurisdiction over petitions in error, the court dismissed Meints’ complaint for lack of jurisdiction. The Village of Diller appealed to the district court which reversed the county court based upon its determination that there was an inverse condemnation cause of action that was not defeated by Meints’ failure to file a petition in error.
Assignments of Error on Appeal: The Village of Diller contends that the district court erred in: (1) failing to consider exhibits that were properly offered and received in the county court; (2) reversing the county court’s dismissal and effectively finding that the county court had jurisdiction to hear Meints’ claims; (3) failing to find that Meints’ claims are subject to the petition in error statutes; (4) finding that Meints could state a due process claim; and (5) reversing the county court’s dismissal and effectively finding that Meints had stated a claim for relief for a taking or inverse condemnation.