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DANISH VENNERFORNING & OLD P.H. v. STATE, D. OF RDS.

No. 39265.

217 N.W.2d 819 (1974)

191 Neb. 774

The DANISH VENNERFORNING AND OLD PEOPLES HOME, a Nebraska corporation, Appellee, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellant.

Supreme Court of Nebraska.

May 9, 1974.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., Warren D. Lichty, Jr., Asst. Atty. Gen., Gary R. Welch, Royce N. Harper, Sp. Asst. Attys. Gen., Lincoln, for appellant.

Farnham, Moylan & Dowd, Harry J. Farnham, Patrick F. Moylan, Harry H. Foulks, Omaha, for appellee.

Heard before WHITE, C.J., SPENCER, BOSLAUGH, McCOWN, NEWTON, and CLINTON, JJ., and FLORY, District Judge.

McCOWN, Justice.

The plaintiff filed its petition against the State Department of Roads to require the department to provide reasonable and convenient access to plaintiff's property; to replace access destroyed by highway construction; and to recover damages. The District Court entered a partial summary judgment ordering the defendant to restore access to plaintiff's property as nearly as possible to its location and condition prior to the construction, and retained...

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