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EMRY v. LAKE

No. 36489.

149 N.W.2d 520 (1967)

181 Neb. 568

Kenneth EMRY, Appellant, v. Marvin F. LAKE, J. Hall Dillon, and Wayne Clark, the County Commissioners of Brown County, Nebraska, Appellees.

Supreme Court of Nebraska.

March 31, 1967.

Attorney(s) appearing for the Case

Robert V. Hoagland, Ainsworth, for appellant.

Samuel C. Ely, Ainsworth, John C. Coupland, Valentine, J. Marvin Weems, Ainsworth, C. Russell Mattson, Lincoln, for appellees.

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

SMITH, Justice.

Plaintiff sued to enjoin the county commissioners of Brown County, Nebraska, from taking his land for relocation of a road. The district court sustained a general demurrer to the petition. Plaintiff having elected to stand on his petition, the suit was dismissed. Contentions on appeal are: (1) The county board was attempting to exercise the power of eminent domain for private use. (2) Section 39-1725, R.R. S.1943, authorizing the board to relocate...

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