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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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At Domina Law Group we are fortunate to work on fascinating and compelling legal problems and lawsuits that change laws and affect our country – Media across the US and across the borders agree. Read stories and watch videos of our cases and with our lawyers.

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Trial is legal surgery, the narrowest specialty, and it requires unique skills. Our clients want our service and hope they never need it again- like surgery.

Jury Awards $879,520

An Omaha jury awarded a West Dodge Street property owner $879,520 after a four-day jury trial of a condemnation case in District Court, Douglas County, Nebraska, in August 2005. The award is "a very significant increase over the amount returned by the three-member County Court Appraisal Board," Dave Domina said after trying the case.

The case, defended by the Nebraska Attorney General's Office, asked jurors to review land sales activity in West Omaha's dynamic market in an effort to determine the value of 9.56 acre parcel taken at an intersection of West Dodge Road and a north-south Omaha street. The case is the first of the takings cases by the Department of Roads to be tried to a jury since the expansion of West Dodge Street to the Elkhorn River commenced.

Domina said, "Our property owner client considers the outcome a real 'win'. We are pleased the jury increased the amount of the County Court award and must admit we were hopeful for an even larger increase."

The case's outcome entitles the property owner to recover appraiser's fees and attorney's fees from the State in addition to the amount of the award.

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