The Nebraska Supreme Court backed the Sarpy County District Court’s assessment of fees on the City of Papillion for property the city acquired through eminent domain for expanding Schram Road.
In an appeal presented to the court in April, Pinnacle Enterprises Inc. argued the City of Papillion should not have been allowed to condemn property on which it ultimately built a fence and said the fence limited its access to the road built on its former property.
The city, in a cross-appeal, argued the Sarpy County District Court should not have awarded Pinnacle interest, fees, expenses and costs because the jury’s award of $432,661 in damages did not exceed its offer to “confess judgment” of $500,000.
Justice William M. Connolly, writing for the court, said Pinnacle filed its appeal too late for the court to consider it. The court found the city was unable to offer a $500,000 judgment because the case involved a dispute over land and not simply money, so it upheld the district court’s awards.
So Papillion now owes $432,661 for the land, $99,159.22 in interest, $10,369.80 in attorney fees and $11,319.50 in expenses — a total of $643,509.52, which is nearly twice the appraiser’s original $344,215.15.