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BURGER v. CITY OF BEATRICE

No. 36292.

147 N.W.2d 784 (1967)

181 Neb. 213

Fred J. BURGER et al., Appellants, v. CITY OF BEATRICE, Nebraska, a Municipal Corporation et al., Appellees.

Supreme Court of Nebraska.

January 6, 1967.

Attorney(s) appearing for the Case

Asa A. Christensen, Clayton K. Yeutter, Lincoln, for appellants.

Anne P. Carstens, Beatrice, Perry, Perry, Sweet & Witthoff, Lincoln, for appellees.

Stewart, Calkins & Duxbury, David L. Crawford, Lincoln, amici curiae.

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

CARTER, Justice.

Plaintiff landowners brought this action to enjoin the City of Beatrice from proceeding in eminent domain to take restrictive easements over their lands for the installation of water wells and the withdrawal of ground water from beneath the surface of their lands. The trial court denied an injunction and the plaintiff landowners have appealed.

The evidence shows that in the fall of 1964, the City of Beatrice maintained a water distribution...

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