Controled Burn Fire Lawsuit Dismissed, Again

By: Associated Press Email
By: Associated Press Email

The Nebraska Court of Appeals has upheld a lower court's ruling favoring Thayer County in a lawsuit that had sought damages for a fire the plaintiffs say was caused by county officials.

Cecil Hayes, Robert Hayes and Harold Hayes - all owners of property damaged in a March 2009 fire - sued the county in 2011, saying the fire was the result of high winds re-igniting a February controlled burn conducted by county officials.

A Thayer County District Court judge later threw out the lawsuit because it was filed after the two-year statute of limitations. The Hayeses sought a new trial, saying the statute of limitations shouldn't be used because the county led them to believe the claim would be settled, causing them to postpone filing a lawsuit.

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