APPLICATION OF FRANK

No. 36969.

164 N.W.2d 215 (1969)

183 Neb. 722

Application of W. R. FRANK, Trustee etc. SCOTTSBLUFF IMPROVEMENT ASSOCIATION, a Corporation, Appellant, v. CITY OF SCOTTSBLUFF, a Municipal Corporation, et al., Appellees.

Supreme Court of Nebraska.

January 17, 1969.


Attorney(s) appearing for the Case

Lovell & Raymond, Scottsbluff, for appellant.

Loren Olsson, Lester A. Danielson, Scottsbluff, for appellees.

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


NEWTON, Justice.

This is an error proceeding taken from the action of the mayor and council of the city of Scottsbluff in adopting a rezoning ordinance. The action was dismissed by the trial court and we affirm the judgment.

It appears that there is a jurisdictional feature present which prevents our considering this cause on its merits. A zoning ordinance constitutes the exercise of a governmental and legislative function and a city council adopting a rezoning...

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