___ N.W.2d ___Fild Octor 28, 2011. No. S-10-235.1.
Judgments: Statutes: Appeal and Error.
Statutor intrprtation is a attr of law in connction with which an appllat court has an oliation to rach anindpndnt, corrct conclusion irrspctiv of th dtrination ad thtrial court.2.
Attorney Fees: Appeal and Error.
On appal, a trial court’s dcision awardinor dnin attorn fs will uphld asnt an aus of discrtion.3.
Courts: Eminent Domain: Attorney Fees: Appeal and Error.
Undr N. Rv.Stat. § 76-726(2) (Rissu 2009), th court ncopassd in th prssion “thcourt havin jurisdiction of a procdin institutd a condn undr [N.Rv. Stat. §] 76-705 [(Rissu 2009)]” includs th district court to which anappal is tan undr N. Rv. Stat. § 76-715 (Rissu 2009). Th provisionin § 76-726(2) allowin an award of attorn fs whn “(a) th court rndrs a judnt in favor of th condn or () a sttlnt is ffctd” authorizs thdistrict court as wll as th count court to award attorn fs upon th happn-in of ithr (a) or ().4.
Eminent Domain: Attorney Fees: Words and Phrases.
Whil N. Rv. Stat.§ 76-720 (Rissu 2009), providin for th award of attorn fs upon th hap-pnin of crtain vnts, is couchd in trs of “a,” in th asnc of unusualand copllin rasons, th court “shall” ntr such an award.5.
Eminent Domain: Attorney Fees: Appeal and Error.
Th rsults of an wor don in connction with a condnation procdin which ar rlvant and at-rial and proprl introducd in vidnc on appal in th district court, whnvrprpard, a considrd th lattr court in awardin rasonal attornfs. Th district court is not rquird to allow a f for such srvics. On thothr hand, th court should not prcludd fro tain such factors intoaccount in dtrinin a rasonal f.6.
Eminent Domain: Attorney Fees.
In awardin attorn fs undr N. Rv.Stat. § 76-720 (Rissu 2009), th propr factors to considrd th court arth iportanc of and th rsult of th cas, th difficultis throf, th dr of profssional sill donstratd, th dilinc and ailit rquird and rcisd,th princ and profssional trainin of th attorn, th difficult of th qus-tions of fact and law that ar raisd, and th ti and laor ncssaril rquirdin th prforanc of thos dutis.
Ptition for furthr rviw fro th Court of Appals,
Chif Jud, and
, Juds, on appal thrtofro th District Court for Dion Count,
,Jud. Judnt of Court of Appals affird in part and inpart rvrsd, and caus randd with dirctions.
. COUNTy OF DIxON 623Cit as 282 N. 623