Bishop v. Department of Roads

This is an action by the appellant, A. M. Bishop, against the Department of Roads of the State of Nebraska, seeking a declaratory judgment that excess land was taken in an eminent domain proceeding. The answer of the State pled the action was barred by the statute of limitations. It also alleged that the action was barred under the doctrine of res judicata by reason of the prior award, appeal therefrom to the District Court, judgment entered, and judgment satisfied. The District Court granted the State’s motion for summary judgment, based upon the expiration of the statute of limitations.…