Hike v. Department of Roads

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Hike v. Department of Roads

Case Number
S-16-0593
Call Date
March 31, 2017
Court Number
Sarpy
Case Summary

S-16-0593, In the Matter of Hike v. Nebraska Department of Roads

Sarpy County, Judge William Zastera

Attorneys: Jason Bruna (Sherrets Bruno & Vogt) (Appellants)' Attorney General

Civil: Constitutional Inverse Condemnation

Proceedings below: The court determined the Appellants' claims were subject to a 2 year statute of limitations period under Neb. Rev. Stat. 25-218 and thus, the claims were time-barred.

Issues: The district court erred in (1) finding the Hikes' claims were time barred even though initially raised in a condemnation proceeding filed by Appellee in 2008; (2) failing to judicially estop Appellee from raising the statute of limitations as a defense; (3) erred in applying Neb. Rev. Stat. 25-218 to the Hikes' claims.