Engelhaupt v. Village of Butte

Finding, among other things, that the defendant-appellant condemner, Village of Butte, sought to take more land than it presently required for the expansion of its water system, the district court, on the petition of the plaintiffs-appellees condemnees, Alphons M. Engelhaupt and Laurina E. Engelhaupt, entered a decree enjoining the village from acquiring the portion of the Engelhaupts’ land it sought. Asserting a number of errors, including that the district court wrongly found the attempted taking to be excessive,, the village undertook an appeal to the Nebraska Court of Appeals. To equalize…