Nebraska Statutes 31-911. Proposed drainage improvement plan; order; appeal; procedure
Any person or corporation feeling aggrieved thereby may appeal to the district court within and for the proper county from any final order or judgment of the board made in the proceedings and entered upon its journal determining any one of the items set forth in section 31-910. Such appeal shall be by complaint filed with the county clerk within twenty days after receipt of the notice provided for in section 31-910. The complainant shall furnish a bond running to the county to be approved by the county clerk conditioned to pay all costs that may be adjudged against the complainant if the appeal be not sustained. The county clerk shall thereupon make a transcript of the objections and the determination and such complainant shall, within ten days after receipt of such transcript, file such transcript in the district court and such court shall hear and determine such appeal in a summary manner as in a case in equity and shall increase or reduce the assessments of benefits or may increase or reduce the award of damages upon any tract where the same may be required to make the apportionment equitable. All appeals that may be filed shall be heard and determined by the court in one proceeding and only one transcript of the determination shall be required.
Terms Used In Nebraska Statutes 31-911
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.