Village of Memphis v. Frahm, 287 Neb. 427

Village obtained easement for a water line on church land; underground wires placed partly outside the easement.
Frahts purchased the property in 2008 and discovered the line outside the easement; easement recorded in 2009.
Frahs filed an inverse condemnation in 2009 seeking damages; appraisers valued damages at $15,000; they moved for § 76-726(2) attorney fees and costs, county judge awarded $5,322.
Village appealed to district court; partial summary judgment resolved easement issues; settlement negotiations followed concluding in a settlement with waiver of most claims but preservation of a § 76-720 attorney fee claim.
Settlement recitals and stipulation stated Frahms preserved § 76-720 attorney fees; district court denied fees; Frahms appealed; Nebraska Supreme Court affirmed denial of fees and waiver arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the release waived attorney fees under § 76-726	Frahms argue release did not bar § 76-726 fees.	Express reservation of § 76-720 only; release waives other claims.	Waiver upheld; § 76-726 fees waived.
Whether § 76-720 applies to inverse condemnation and timing of negotiations	Good faith negotiations required before inverse condemnation filing.	Good faith negotiations occur after appeal; § 76-720 applies to district court appeal.	For inverse condemnation, post-appeal negotiations satisfy § 76-720.
Whether the district court abused its discretion in denying § 76-720 fees	District court should award fees given lack of genuine good faith negotiations.	Record shows post-appeal negotiations; no abuse.	No abuse; district court correctly declined fees.
Whether the Frahms were entitled to fees under § 76-720 given settlement negotiations	Settlement negotiations post-appeal should not defeat fees.	Negotiations after appeal evidenced good faith; fees not awarded.	Fees denied due to evidence of good faith negotiations post-appeal.

Thrower v. Anson, 276 Neb. 102 (2008) (contract principles govern settlement agreements)
Armstrong v. County of Dixon, 282 Neb. 623 (2011) (settlement terms and attorney fees interpretation)
Moody’s Inc. v. State, 201 Neb. 271 (1978) (pre-appeal attorney fees; context for § 76-720)
Pinnacle Enters. v. City of Papillion, 286 Neb. 322 (2013) (statutory construction and fees; appellate context)
Johnson v. Nebraska Public Power Dist., 187 Neb. 421 (1971) (appeals in condemnation; de novo review context)
Henderson v. City of Columbus, 285 Neb. 482 (2013) (eminent domain; good faith and negotiations context)