Van Patten v. City of Omaha

This is an action in condemnation brought by the city of Omaha. Wilbur L. and Phyllis L. Van Patten were the owners of the property when the proceedings began. The appeal here involves the correctness of a summary judgment granted by the trial court holding that the proceedings in condemnation were null and void. The city appeals.

This cause was argued and submitted to the court on June 4, 1958. On July 2, 1958, we set the cause down for reargument. We requested briefs on the question of the applicability of section 14-366, R. S. Supp., 1957, to the issue presented, and whether or not the…