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ANZALONE INVESTMENT COMPANY v. CITY OF OMAHA

No. 35893.

137 N.W.2d 857 (1965)

179 Neb. 314

ANZALONE INVESTMENT COMPANY, Appellant, v. The CITY OF OMAHA, a Municipal Corporation, Appellee.

Supreme Court of Nebraska.

November 19, 1965.

Attorney(s) appearing for the Case

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

Herbert M. Fitle, City Atty., Frederick A. Brown, Edward M. Stein, Sebastian J. Todero, Walter J. Matejka, James E. Fellows, Allen L. Morrow, P. D. Spenceri, Omaha, for appellee.

Gross, Welch, Vinardi, Kauffman & Schatz, Omaha, for amicus curiae.

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

CARTER, Justice.

This is an appeal from a judgment of the district court for Douglas County finding that ordinance No. 22908 of the city of Omaha, zoning Lot 11, Block 14, West End Addition to the City of Omaha from C-1 to R-9, to be valid and enforcible against the owner, Anzalone Investment Company. The Anzalone Investment Company filed a motion for a new trial which was overruled.

In overruling the motion for a new trial the court entered the following...

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