Estate of Tetherow v. State

This is an eminent domain proceeding commenced by the State of Nebraska, Department of Roads, as condemner. The condemner was dissatisified with the award by the appraisers and filed and served, as required by the provisions of section 76-715.01, R. R. S. 1943, notice of intention to appeal to the District Court. Later, upon motion by the condemnees and after issues had been made up in the District Court, that court dismissed the condemner’s appeal. The condemner then perfected its appeal to this court. We reverse and remand for further proceedings.

The questions for decision in this court…