City of Omaha v. Tract No. 1

778 N.W.2d 122 (2010)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
C
From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

City of Omaha v. Tract No. 1

Nebraska Court of Appeals
778 N.W.2d 122 (2010)

  • Written by Robert Cane, JD

Facts

A new development in the City of Omaha (plaintiff) included a building to be occupied by a retailer. The city engineer, Charlie Krajicek, determined that a deceleration lane for entry to the retail development was necessary for traffic safety. The city sought to acquire Tract No. 1 (defendant)—a strip of land owned by Haltom (defendant)—in order to construct a deceleration lane. The decision to acquire Haltom’s tract of land was made solely by the city. The city commenced a condemnation action to use its power of eminent domain to take the tract for the deceleration lane. Haltom opposed the taking, arguing that a deceleration lane to provide access to a private retailer primarily served an economic-development purpose, which was prohibited by a Nebraska state statute. Haltom appealed to the district court, which granted summary judgment in favor of the city. Haltom appealed the grant of summary judgment.

Rule of Law

Issue

Holding and Reasoning (Cassel, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 783,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 783,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 783,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Land Use

Key Terms