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COUNTY OF BANNER v. YOUNG

No. 37182.

169 N.W.2d 280 (1969)

184 Neb. 546

COUNTY OF BANNER, a Political Subdivision of the State of Nebraska, Appellant, v. Shaw YOUNG and Mary Ellen Young, Husband and Wife, et al., Appellees.

Supreme Court of Nebraska.

June 27, 1969.

Attorney(s) appearing for the Case

Robert G. Simmons, Jr., County Atty., Scottsbluff, for appellant.

William H. Heiss, Byron M. Johnson, Gering, for appellees.

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

SPENCER, Justice.

This is a declaratory judgment action brought by the County of Banner to determine whether a road 2 miles long legally exists. At the close of plaintiff's evidence the trial court determined the proof to be insufficient to show the existence of a valid public road, and dismissed the action.

The minutes of the meeting of the board of county commissioners of Banner County, Nebraska, for July 2, 1889, state in part as follows: "The following...

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