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SHAMBERG v. CITY OF LINCOLN

No. 35191.

116 N.W.2d 18 (1962)

174 Neb. 146

Elmer SHAMBERG, Appellee, v. CITY OF LINCOLN, Nebraska, a municipal corporation, Appellant, Impleaded with E. A. Vorhees, Building Inspector of The City of Lincoln, Nebraska, et al., Appellees.

Supreme Court of Nebraska.

July 6, 1962.

Attorney(s) appearing for the Case

Ralph D. Nelson, City Atty., Henry L. Holst, Deputy City Atty., Hal Hasselbalch, Asst. City Atty., Lincoln, for appellant.

Ginsburg, Rosenberg & Ginsburg, Norman Krivosha, Lincoln, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

SIMMONS, Chief Justice.

Plaintiff brought this action for a declaratory judgment, an injunction, and equitable relief. The defendants are the City of Lincoln and its officers who are charged with the enforcement of its ordinances. The action was tried in the district court and resulted in findings and a judgment for plaintiff. Defendants appeal. We find for the plaintiff on the particular issue presented and direct an injunction.

The facts involved are not...

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