BIERSCHENK v. CITY OF OMAHA

No. 35814.

135 N.W.2d 12 (1965)

178 Neb. 715

Ernest BIERSCHENK et al., Appellants, v. The CITY OF OMAHA, Nebraska, a Municipal Corporation of the metropolitan class et al., Appellees.

Supreme Court of Nebraska.

May 7, 1965.


Attorney(s) appearing for the Case

Shrout, Hanley, Nestle & Corrigan, Omaha, for appellants.

Herbert M. Fitle, City Atty., Edward M. Stein, Frederick A. Brown, Sebastian J. Todero, Walter J. Matejka, James E. Fellows, Omaha, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH and McCOWN, JJ.


BROWER, Justice.

The appellants, Ernest Bierschenk and 11 other resident landowners and taxpayers in the area affected, as plaintiffs, brought this action on behalf of themselves and those similarly situated. Its purpose was to enjoin the City of Omaha, Nebraska, a municipal corporation, hereinafter referred to as the city, its mayor, council, and other officers who were joined with it as defendants and who are appellees in this court, from enforcing ordinance No...

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