Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Village of Memphis v. Frahm

Supreme Court of Nebraska

February 14, 2014

Village of Memphis, Nebraska, a political subdivision, appellee,
v.
Roger Frahm and Marcia Frahm, husband and wife, appellants.

Page 609

[Copyrighted Material Omitted]

Page 610

[Copyrighted Material Omitted]

Page 611

Appeal from the District Court for Saunders County: MARY C. GILBRIDE, Judge. Affirmed.

Page 612

Robert M. Sullivan, of Sullivan Shoemaker, P.C., L.L.O., for appellants.

Damien J. Wright, of Welch Law Firm, P.C., for appellee.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

Syllabus by the Court

1. Contracts. The construction of a contract is a question of law.

2. Statutes. Statutory interpretation presents a question of law.

3. Judgments: Appeal and Error. When reviewing questions of law, an appellate court has an obligation to resolve the questions independently of the conclusion reached by the trial court.

4. Attorney Fees: Appeal and Error. On appeal, a trial court's decision awarding or denying attorney fees will be upheld absent an abuse of discretion.

5. Contracts. A settlement agreement is subject to the general principles of contract law.

6. Contracts: Statutes: Attorney Fees. In accordance with the legal maxim " expressio unius est exclusio alterius" (the expression of one thing is the exclusion of the others), an express reservation in a settlement agreement of a claim for attorney fees under one specific statute excludes a claim for attorney fees under any other statute.

7. Courts: Eminent Domain. The powers conferred upon a county court judge by the condemnation statutes are not judicial powers or duties, but are instead purely ministerial in character.

8. Eminent Domain: Damages: Proof. In a condemnation action, the public entity has the burden to allege and prove that before commencing condemnation proceedings, a good faith attempt was made to agree with the owner of the land as to the damages the owner was entitled to receive.

9. Eminent Domain. The requirement of good faith negotiations is in the nature of a condition precedent to the right to condemn.

10. Constitutional Law: Eminent Domain: Words and Phrases. Inverse condemnation is a shorthand description for a landowner suit to recover just compensation for a governmental taking of the landowner's property without the benefit of condemnation proceedings.

11. Eminent Domain: Property: Intent. Inverse condemnation has been characterized as an action or eminent domain proceeding initiated by the property owner rather than the public entity, and has been deemed to be available where private property has actually been taken for public use without formal condemnation proceedings and where it appears that there is no intention or willingness of the taker to bring such proceedings.

12. Eminent Domain: Attorney Fees: Appeal and Error. Neb.Rev.Stat. ยง 76-720 (Reissue 2009) does not permit an award of attorney fees for services rendered prior to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.