SourceGas Distrib. v. City of Hastings
287 Neb. 595
| Neb. | 2014Background
- Hastings annexed property March 14, 2011; SourceGas owns gas facilities within annexed area.
- Hastings seeks to condemn SourceGas’s gas facilities under chapter 76.
- SourceGas sues in district court January 22, 2013 for injunction and to challenge procedures.
- District court overruled injunctive relief and dismissed complaint Feb. 22, 2013.
- Gas System Condemnation Act §19-4626(2) exempts Hastings from that Act when annexation places property within Hastings’ boundaries.
- This appeal asks whether chapter 76 or the Gas System Condemnation Act governs damages and procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §19-4626(2) exempts Gas System Condemnation Act. | SourceGas cites §19-4626(2) to apply Gas Act. | Hastings argues §19-4626(2) clearly exempts Act when annexed property. | Yes; Gas System Condemnation Act does not apply. |
| Damages framework under §76-703 applicable here. | Damages should follow GAS Act provisions. | Damages governed by chapter 76 unless other statutes apply. | Chapter 76 applies; other statutes in §76-703 not controlling. |
| Whether the sufficiency of the property description was properly addressed. | Description defective; must be addressed. | Premature to decide; lacks error in record. | No error; description issue premature to decide. |
| Whether Chaffin’s affidavit was properly admitted. | Chaffin’s affidavit admissible to aid analysis. | Affidavit consideration unnecessary; prejudice risk. | Admissibility harmless; no reversible error. |
| Whether district court erred by not applying Gas System Condemnation Act as to annexed gas facilities. | Gas Act governs condemnation of gas facilities. | Annexation creates exception; Act not applicable. | District court did not err; Act not applicable. |
Key Cases Cited
- Strasburg v. Union Pacific RR. Co., 286 Neb. 743 (2013) (plain language governs; read statute according to ordinary meaning)
- Fisher v. PayFlex Systems USA, 285 Neb. 808 (2013) (plain and unambiguous statutory language applied)
- Simon v. Drake, 285 Neb. 784 (2013) (harmless error standard for evidentiary rulings)
- Blakely v. Lancaster County, 284 Neb. 659 (2012) (avoid readings that render terms meaningless)
- In re Estate of Odenreider, 286 Neb. 480 (2013) (statutory interpretation and independent review)