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SULLIVAN v. CITY OF OMAHA

No. 36886.

162 N.W.2d 227 (1968)

183 Neb. 511

William SULLIVAN and Corrine Sullivan, husband and wife, Appellants, v. CITY OF OMAHA, Nebraska, a Municipal Corporation of the Metropolitan Class, et al., Appellees.

Supreme Court of Nebraska.

November 1, 1968.

Attorney(s) appearing for the Case

Fitzgerald, Brown, Leahy, McGill & Strom, William J. Brennan, Jr., Omaha, for appellants.

Herbert M. Fitle, City Atty., Frederick A. Brown, Edward M. Stein, Walter J. Matejka, James E. Fellows, Allen L. Morrow, John B. Abbott, George S. Selders, Jr., Theodore J. Clements, Terry J. Ferguson, Omaha, for appellees.

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

SPENCER, Justice.

This action seeks to determine the validity of ordinance No. 23304 of the city of Omaha, annexing an irregular tract of land abutting the city on the southwest. The trial court determined the ordinance to be a legal, valid, and enforceable ordinance, and appellants perfected this appeal.

The area annexed comprises 400.4 acres, of which 312 acres is state right-of-way extending 2.74 miles along Interstate Highway No. 80; 62.5 acres of Union...

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