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BARTON v. CITY OF OMAHA

No. 36202.

145 N.W.2d 444 (1966)

180 Neb. 752

Lee L. BARTON et al., Appellees, v. The CITY OF OMAHA, a Municipal Corporation of the Metropolitan Class, et al., Appellants.

Supreme Court of Nebraska.

October 12, 1966.

Attorney(s) appearing for the Case

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

Swensen, Erickson & Nelson, Omaha, Dixon Adams, Papillion, for appellees.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, BROWER, SMITH and McCOWN, JJ., and NEWTON, District Judge.

SMITH, Justice.

The issue is whether the City of Omaha is empowered by statute to annex territory located in a foreign county. The district court found against the power. It permanently enjoined the city from enforcing an ordinance that in form annexed land in an adjoining county. The city has appealed.

In 1915 the city, which is located entirely in Douglas County, established its southernmost limit at the north boundary of Sarpy County. One hundred six annexations...

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