Legal Opinion

Frank v. STATE, DEPARTMENT OF ROADS

Nebraska Supreme Court

Decided July 3, 1964No. 35619PublishedCited by 5 opinions

1Opinion of the CourtWhite, C. J.

On motion for rehearing plaintiff condemnees attack the finding in our opinion that there was competent evidence to sustain the special finding of the jury that there was no damage to the remainder property of the plaintiffs. Further, they specifically attack those portions of the opinion which state that the jury could have found that any remainder damage was counterbalanced by an increase in value as the result of the taking, and that if the effect of the taking was to increase the value of the remainder, that the condemner was entitled to introduce valuation testimony from which such…

2Cases cited3 opinions

  1. Gillespie v. City of South OmahaNebraska Supreme Court · 1907
  2. Dayton v. City of LincolnNebraska Supreme Court · 1894
  3. Regouby v. Dawson County Irrigation Co.Nebraska Supreme Court · 1934

3Cited by5 opinions

  1. Defnet Land & Investment Co. v. State Ex Rel. HermanCourt of Appeals of Arizona · 1971
  2. Department of Transportation v. RoweCourt of Appeals of North Carolina · 2000
  3. Frank v. LockwoodNebraska Supreme Court · 2008
  4. Dowd v. City of Omaha, Douglas CountyNebraska Court of Appeals · 1994
  5. Department of Transportation v. RoweCourt of Appeals of North Carolina · 2000

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