Sanitary Improvement District #67 v. Nebraska Department of Roads

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Sanitary Improvement District #67 v. Nebraska Department of Roads

Additional Case Names


Case Number
Call Date
April 28, 2021
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-20-0659 Sanitary and Improvement District No. 67 of Sarpy County (Appellant) v. Nebraska Department of Roads and Sarpy County

Sarpy County District Court, Hon. Nathan B. Cox

Attorneys: Dean J Jungers, Attorney for Appellant — John W. Reisz (Sarpy County Attorney’s Office, for Appellee, Sarpy County) --- Matthew F. Gaffey (Office of the Attorney General, for Appellee, State of Nebraska)

Civil: Inverse condemnation   

Proceedings Below: The court sustained Appellees’ motions to dismiss for lack of standing.

Issues on Appeal: Appellant assigns that the court erred in 1) finding that a dedication in a plat did not grant an ownership interest in the property; 2) making a finding as to ownership of the streets without evidence; 3) finding that Appellant lacked standing because it was not a real party of interest; 4) failing to allow Appellant to enter evidence regarding the ownership of the streets at a hearing on the motion to dismiss; and 5) dismissing the petition on appeal.

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