Dowd v. City of Omaha, Douglas County

Miller-Lerman, Judge.

In this condemnation case, Duane J. Dowd and Frances Dee Dowd, appellants and condemnees, appeal from certain trial rulings and the judgment entered by the district court after trial by jury. For the reasons recited below, we reverse, and remand for further proceedings.

FACTS

This case involves the partial taking of Lots 7,8,9, and 22 in three tracts to the east of the Little Papillion Creek, in a northwest subdivision of the City of Omaha (City) known as Richland Acres. The condemnation action was commenced by the City to acquire the property for park and recreational use…