BUCHOLZ v. CITY OF OMAHA

No. 35311.

120 N.W.2d 270 (1963)

174 Neb. 862

Frederick H. BUCHOLZ and Naomi I. Bucholz, husband and wife, et al., Appellees, v. The CITY OF OMAHA, a Municipal Corporation, et al., Appellants.

Supreme Court of Nebraska.

March 1, 1963.


Attorney(s) appearing for the Case

Herbert M. Fitle, Abrahams, Kaslow, Story & Cassman, Wear, Boland, Mullin & Walsh, Fraser, Wenstrand, Stryker, Marshall & Veach, Webb, Kelley, Green & Byam, Omaha, for appellants.

Joseph T. Votava, Bernard J. Boyle, John W. Delehant, Jr., Omaha, for appellees.

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


BOSLAUGH, Justice.

This action was brought to declare two zoning ordinances of the city of Omaha, Nebraska, void. The district court declared the ordinances to be void and enjoined the defendants from exercising any rights under them. The defendants' motion for new trial was overruled and they have appealed to this court.

The assignments of error are that the judgment of the district court is not sustained by the evidence and is contrary to the evidence and...

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