Equity - Supreme Court Review

Abstract

FIRST PARAGRAPH(S)|In the area of equity, the Nebraska Supreme Court heard one case that should be of particular interest to the Nebraska practitioner. This was the case of Monarch Chemical Works, Inc. v. City of Omaha. At issue was whether the City of Omaha had the authority to condemn and take certain land owned by Monarch Chemical, Inc. and, if not, whether a court of equity could properly enjoin the condemnation proceedings.|The court determined that, under the circumstances of this case, the City of Omaha had no authority to acquire the Monarch property by eminent domains proceedings.|The most noteworthy aspect of this decision, however, is the court's holding on the issue of injunctive relief. The court noted initially that in Nebraska "It he rule is ... that injunction is a proper action in which to present the question of unlawful or improper exercise of the power of eminent domain." Monarch had apparently not demonstrated that irreparable harm would result from the condemnation proceedings. Although the court had never specifically so held, it stated that irreparable harm had always been assumed in this class of cases...