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JACOBS v. CITY OF OMAHA

No. 36329.

147 N.W.2d 160 (1966)

181 Neb. 101

W. L. JACOBS, for himself and all persons similarly situated, Appellee, v. CITY OF OMAHA, Appellant.

Supreme Court of Nebraska.

December 16, 1966.

Attorney(s) appearing for the Case

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

John W. Delehant, Omaha, for appellee.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, SMITH, and McCOWN, JJ., and BOYLES, District Judge.

SPENCER, Justice.

This action, filed July 20, 1962, challenges the validity of an ordinance requiring a permit and the payment of fees for curb cuts and driveway approaches in the area within 3 miles from the corporate limits of the city of Omaha.

Section 14-419, R.R.S.1943, as of July 20, 1962, provided: "The city council, in cities of the metropolitan class, shall have the power by ordinance to regulate, in areas within three miles of the corporate limits...

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