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SCOFIELD v. STATE

No. S-07-511.

276 Neb. 215

GARY C. SCOFIELD AND JOYCE E. SCOFIELD, APPELLANTS, v. STATE OF NEBRASKA, DEPARTMENT OF NATURAL RESOURCES, ET AL., APPELLEES.

Supreme Court of Nebraska.

Filed July 25, 2008.

Attorney(s) appearing for the Case

Allan J. Eurek & Associates, P.C., for appellants.

Jon Bruning, Attorney General, and Katherine J. Spohn for appellees.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, MCCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

Gary C. Scofield and Joyce E. Scofield sued the Department of Natural Resources (DNR) and other state officials, alleging that in establishing the boundaries for a state game refuge, the DNR exceeded its statutory authority, deprived them of their constitutional right to due process, and effected a taking of their property without just compensation. The Scofields' complaint was dismissed for failure to state a claim upon which relief could be granted....

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