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Buck's, Inc. v. City of Omaha

Court of Appleals of Nebraska

November 25, 2014

BUCK'S, INC., APPELLANT,
v.
CITY OF OMAHA, APPELLEE

Page 581

[Copyrighted Material Omitted]

Page 582

Appeal from the District Court for Douglas County: W. Mark Ashford, Judge.

AFFIRMED.

Jason M. Bruno and Robert S. Sherrets, of Sherrets, Bruno & Vogt, L.L.C., for appellant.

Bernard J. in den Bosch, Deputy Omaha City Attorney, and William Acosta-Trejo for appellee.

INBODY, Chief Judge, and RIEDMANN and BISHOP, Judges.

OPINION

Page 583

[22 Neb.App. 542] Riedmann, Judge.

INTRODUCTION

Buck's, Inc., appeals from the order of the district court for Douglas County denying a motion for summary judgment filed by Buck's and granting summary judgment in favor of the City of Omaha (the City). On appeal, Buck's also challenges certain evidentiary rulings. Finding no merit to the arguments on appeal, we affirm the district court's decision.

BACKGROUND

Buck's is a Nebraska corporation that owned and operated a gas station on the northwest corner of 144th Street and Stony Brook Boulevard in Omaha, Douglas County, Nebraska. In August 2009, the City eliminated a cut in the median on Stony Brook Boulevard, which then prevented eastbound traffic from turning left in order to directly access Buck's property. Before the City closed the median cut, Buck's had two access points to Stony Brook Boulevard and one access point via an easement across a neighboring property. After the median cut was eliminated, Buck's ...


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