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  • 1.  ordinance providing for attorney fees

    Posted 03-17-2025 10:25
    I represent a village that wants to amend their nuisance abatement ordinance to provide that if the village is required to file suit to recover the costs of nuisance abatement and is successful in the recovery of those costs,  then the property owner is also responsible for the costs and attorney fees incurred by the village for that litigation. Do other municipalities have any ordinance similar to this? If so, I'd be curious to see how such ordinances were written and to hear any experiences on how well it worked. I tried to research whether such a provision would be enforceable and couldn't find much. 

    Thank you!

    Jamian J. Simmons
    Smith, King & Simmons P.C. 
    P.O. Box 302
    Gordon, NE 69343
    (308) 282-0690


  • 2.  RE: ordinance providing for attorney fees

    Posted 03-17-2025 10:30
    You probably would have to seek State Legislative authority first to recover attorney fees.  Dillons rule.



    Original Message


  • 3.  RE: ordinance providing for attorney fees

    Posted 03-17-2025 11:24

    You can only recover attorney fees if the statutes specifically allow for the payment.

     

    Philip P. Lyons

    Colfer, Wood, Lyons & Wood

    124 West C Street

    P.O. Box 100

    McCook, NE 69001

    308-345-5063

    Fax 308-345-2426

     

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  • 4.  RE: ordinance providing for attorney fees

    Posted 03-17-2025 11:33

    If anyone has any statutory authority for a municipality to collect attorney fees in such a matter,  I'm interested to learn about it. 

     

    Maureen

    _____________________________________

    Maureen Freeman-Caddy

    Attorney

    BROMM, LINDAHL, FREEMAN-CADDY & LAUSTERER

    P.O. Box 277

    551 N. Linden

    Wahoo, NE  68066

    (402) 443-3225 phone

    (402) 443-4005 facsimile

    maureen@wahoolaw.com

     

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    Original Message


  • 5.  RE: ordinance providing for attorney fees

    Posted 03-17-2025 14:03
    I agree with the rest. I don't believe there is a statutory basis for the attorney's fees. 

    Nathaniel J. Mustion, Esq.
    Mousel, Brooks, Schneider, Mustion & Shifflet, PC, LLO
    101 W. C St.
    McCook, NE 69001
    (308) 345-1600 (office)
    (308) 345-1602 (facsimile)
    njmustion@mbgslaw.com

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    Original Message


  • 6.  RE: ordinance providing for attorney fees

    Posted 03-17-2025 15:29
    Nuisances can be dealth with a couple ways.  

    The usual manner for the cities/villages we assist is abatement - when the city sends personnel to the site to clean it up (after requisite notices, etc.)  The costs of abatement can be billed to the property owner and placed as a lien on the property if unpaid for a long enough period of time.

    You can file suit on a nuisance - but we only do that sparingly.  For example, when there is unfinished construction that would be very difficult to abate.  In those instances typically seeking an order of the court requiring removal or else face fines.  No provision for collection of those costs of administration to my knowledge.  


    Joshua Wendell

     

    McQuillan & Wendell, P.C., L.L.O.

    PO Box 478

    Ogallala, NE 69153

    Ph# 308-284-4058

    FAX 308-284-6420





    Original Message