TransCanada Keystone Pipeline, LP v. Bartles Farms, Inc.

Printer-friendly versionPrinter-friendly versionPDF versionPDF version

TransCanada Keystone Pipeline, LP v. Bartles Farms, Inc.

Case Number
S-17-0424
Call Date
January 9, 2018
Case Time
9:00 AM
Court Number
Saline
Case Location
Lincoln
Case Summary

S-17-0424 TRANSCANADA KEYSTONE PIPELINE, LP (Appellant) v. Bartles Farms, Inc., a Corporation

Saline County, Judge Vicky L. Johnson

Attorneys: James G. Powers, Patrick D. Pepper (McGrath North Mullin & Kratz PCLLO) (for Appellant) --- David A. Domina, Brian E. Jorde (Domina Law Group pcllo) (Appellee)

Civil: Eminent domain proceedings; attorney fees and costs

Proceedings below: TransCanada Keystone Pipeline, LP (“Keystone”) initiated eminent domain proceedings to acquire property interests regarding the Keystone XL interstate pipeline, but voluntarily dismissed the proceedings in 2015. The Appellees (“Landowners”) filed motions requesting awards of attorney fees and costs pursuant to Neb. Rev. Stat. § 76-726. The county court granted the motions and awarded attorney fees and costs. Keystone appealed to the district court. The district court affirmed the award. Keystone appealed and these appeals were moved to the Nebraska Supreme Court pursuant to Neb. Rev. Stat. § 24-1106(3).

Issues: 1. The Saline County District Court erred in holding affidavit testimony is admissible to prove attorney fees and costs pursuant to Neb. Rev. Stat. § 76-726, and finding Keystone waived its hearsay objection to Bartels Farms’ affidavits by not insisting upon a ruling. 2. The Saline County District Court erred in affirming the County Court’s attorney fees and costs award, and construing Neb. Rev. Stat. § 76-726 to permit reimbursement of fees actually incurred without proof of payment and without evidence showing the amount of fees allegedly charged or how those fees were charged.

Schedule Code
SC